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With All Deliberate Speed: Brown V. Board Of Education, Julian Bond 2015 University of Virginia

With All Deliberate Speed: Brown V. Board Of Education, Julian Bond

Indiana Law Journal

Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.


Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen 2015 Brigham Young University Law School

Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen

BYU Law Review

No abstract provided.


The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm 2015 Indiana Tech Law School

The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm

Adam Lamparello

For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk” for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.

In this article, we propose a groundbreaking academic ...


Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman 2015 University of California, Berkeley

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible ...


Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern 2015 Brigham Young University Law School

Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern

Brigham Young University Education and Law Journal

No abstract provided.


Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri 2015 Brigham Young University Law School

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.


Historic Lessons: Gender Inequity In Middle And High School, Kathryn Behan-Homer 2015 SIT Graduate Institute

Historic Lessons: Gender Inequity In Middle And High School, Kathryn Behan-Homer

Capstone Collection

What happens in our classrooms shapes the thoughts and lives the students within them, not simply through the explicit curriculum, but also through what we do and do not address, our interpersonal relations, and our own unintended biases. This research focuses on the ways in which gender inequity and its relationship to production relations are reinforced in a rural school at the 6-12th grade level. In this case study, interviews, surveys, and extensive observations were used to analyze the ways in which social and historic inequality is reinforced or challenged within the school. Research is focused on lesson contents ...


The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler 2015 Academic Center of Law and Business, Israel

The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Georgia Journal of International & Comparative Law

No abstract provided.


Separate And Unequal?: The Problematic Segregation Of Special Populations In Charter Schools Relative To Traditional Public Schools, Julian Vasquez Heilig 2015 California State University - Sacramento

Separate And Unequal?: The Problematic Segregation Of Special Populations In Charter Schools Relative To Traditional Public Schools, Julian Vasquez Heilig

Julian Vasquez Heilig

The extent to which special student populations (ELL, Special Education and Economically Disadvantaged) gain access to charter schools is understudied. In this article we compare the enrollment of high-need special populations in charter schools with non-charter public schools at the state, district, and local levels. State-level dissimilarity analyses show only modest disparities in segregation and access of high-need students within the Texas charter system compared to traditional public schools. However, local-level descriptive and geospatial analyses of charters in a large metropolitan area shows that there are large disparities in the enrollment of high-need students relative to traditional public schools nearby ...


The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer 2015 Pepperdine University

The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer

Pepperdine Law Review

In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at ...


Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns 2015 Seattle University School of Law

Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns

Seattle University Law Review

Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.


Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib 2015 Seattle University School of Law

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.


The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick 2015 University of Massachusetts School of Law

The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick

University of Massachusetts Law Review

This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial ...


The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green III, Bruce D. Baker, Joseph O. Oluwole 2015 University of Massachusetts School of Law

The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

University of Massachusetts Law Review

Given the recent increase in charter schools as an alternative to the traditional public education system, this Article explores the legal status and position of charter schools. Charter schools exhibit many characteristics of private schools, particularly in terms of management, but also retain many public school features. Thus, this Article explores areas of the law where charter schools were either classified as public or private in terms of state statutes or regulations, discussing recent and some pending litigation. First, this Article discusses whether charter schools, charter school boards and officials, or educational management organizations which manage charter schools are entitled ...


Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard 2015 University of Massachusetts School of Law

Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard

University of Massachusetts Law Review

Manifestation Determination Review (MDR) advocacy is difficult regardless of the role of the advocate —whether the advocate is a parent, an advocate, or an attorney. Because the MDR is conducted as an Individualized Education Program (IEP) Team meeting, if consensus cannot be reached, school personnel make the ultimate decision. Therefore, the advocate’s persuasiveness and preparedness at the MDR will be critical in arriving at a consensus. This Article goes beyond the basic legal framework for an MDR and focuses on practical suggestions and approaches to enhance an advocate’s efforts on behalf of a child or client. By employing ...


Toward A Writing-Centered Legal Education, Adam Lamparello 2015 Indiana Tech Law School

Toward A Writing-Centered Legal Education, Adam Lamparello

Adam Lamparello

The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent ...


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. McDougall III 2015 Howard University School of law

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

School of Law Faculty Publications

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and ...


Protecting Diversity In The Ivory Tower With Liability Rules, Ting Wang 2015 Paul Hastings LLP

Protecting Diversity In The Ivory Tower With Liability Rules, Ting Wang

Pace Law Review

The two sides of the debate over race-based affirmative action in higher education tell two distinct stories – one of diversity’s benefits and the other of affirmative action’s burdens. In Grutter v. Bollinger, 539 U.S. 306 (2003), the Supreme Court found the benefits to be so compelling to society that they were deemed to outweigh the burdens. Voters in Michigan and other states found otherwise and the Court in Schuette v. Coalition to Defend Affirmative Action, 572 U.S. — (2014) upheld their right to ban race-conscious admissions. Paradoxically, since the use of race as a “plus factor” by ...


Rethinking Special Education's "Least Restrictive Environment" Requirement, Cari Carson 2015 University of Michigan Law School

Rethinking Special Education's "Least Restrictive Environment" Requirement, Cari Carson

Michigan Law Review

The federal Individuals with Disabilities Education Act promotes the education of students with disabilities together with their nondisabled peers, requiring education in the “least restrictive environment” (“LRE”). This requirement has long been subject to competing interpretations. This Note contends that the dominant interpretation—requiring education in the least restrictive environment available—is deficient and allows students to be placed in unnecessarily restrictive settings. Drawing from child mental health law, this Note proposes an alternative LRE approach that requires education in the least restrictive environment needed and argues that this alternative approach is a better reading of the law.


¿Porqué No Dejan Competir A Gastón? Cuando Las Libertades De Empresa, Libre Iniciativa Privada, Libre Competencia, Y Libre Acceso Al Mercado No Aplican A Los Chefs, Max Salazar Gallegos 2015 Pontificia Universidad Catolica del Peru and Universidad de Lima

¿Porqué No Dejan Competir A Gastón? Cuando Las Libertades De Empresa, Libre Iniciativa Privada, Libre Competencia, Y Libre Acceso Al Mercado No Aplican A Los Chefs, Max Salazar Gallegos

Max Salazar Gallegos

Análisis de los Derechos Constitucionales de Libre Empresa, Iniciatva Privada, Libre Competencia, y Libre Acceso al Mercado en relación a la prohibición de abrir nuevas Universidades en el Perú, y el control de la calidad en la educación.


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