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The Grave Disparities In Modern Education, Segregation, And School Budgeting: A Comparison Between Brown V. Board Of Education And San Antonio Independent School District V. Rodriguez, Kristin Anne Ballenger 2014 University of Tennessee, Knoxville

The Grave Disparities In Modern Education, Segregation, And School Budgeting: A Comparison Between Brown V. Board Of Education And San Antonio Independent School District V. Rodriguez, Kristin Anne Ballenger

University of Tennessee Honors Thesis Projects

No abstract provided.


Loi Fondamentale Pour La Science Et La Technologie, Matthieu Forlodou 2014 SelectedWorks

Loi Fondamentale Pour La Science Et La Technologie, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi fondamentale n° 130 pour la science et la technologie, du 15 novembre 1995.


A Mother Goose Guide To Legal Writing, Jessica Ronay 2014 SelectedWorks

A Mother Goose Guide To Legal Writing, Jessica Ronay

Jessica Ronay

An original substantive poem with footnotes and explanatory paragraphs that provides examples and explanations of legal writing rules, illustrates the nuances of legal writing, and untangles the challenging legal writing concepts for students, professors, scholars, and practitioners.


Confronting A Double-Edged Sword: Providing Bullies Due Process Protections Without Undercutting Massachusetts’ Efforts To Combat Bullying, Casey B. Nathan 2014 Boston College Law School

Confronting A Double-Edged Sword: Providing Bullies Due Process Protections Without Undercutting Massachusetts’ Efforts To Combat Bullying, Casey B. Nathan

Boston College Journal of Law & Social Justice

In 2012, the Massachusetts legislature enacted Chapter 71, Section 37H3/4 of the Massachusetts General Laws, ensuring that students facing long-term suspensions or expulsions receive additional rights during disciplinary hearings. The Massachusetts law entitles accused students to representation by counsel and allows for the cross-examination of student witnesses. Unfortunately, awarding these additional rights undermines the necessary efforts taken by the state to address school bullying. Nevertheless, without these rights, accused bullies have little recourse to address unfair or inaccurate allegations at their school hearings. Ultimately, this Note proposes a solution to protect victims from the trauma of cross-examination by the ...


An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis 2014 Boston College Law School

An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis

Boston College Journal of Law & Social Justice

In 2012 the Department of Education received a complaint claiming that the Massachusetts Interscholastic Athletic Association’s (“MIAA”) policy of allowing boys to try out for girls’ field hockey constituted a violation of Title IX. This federal statute prohibits discrimination in educational institutions on the basis of sex. This Note looks at the common roots of Title IX and the decision of the Massachusetts Supreme Judicial Court that allowed boys’ participation in field hockey. It then examines Title IX as it applies to the MIAA field hockey policy and determines that the Massachusetts Policy does not, in and of itself ...


Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. McKay 2014 University of Massachusetts School of Law

Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

University of Massachusetts Law Review

This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.


Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, Jacquelyn Burke 2014 Boston College Law School

Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, Jacquelyn Burke

Boston College Journal of Law & Social Justice

The U.S. Court of Appeals for the Third Circuit held that a district wide ban of bracelets containing the word “boobies” was an impermissible restriction of students’ First Amendment speech rights. The majority’s focus on the bracelets’ social message is critical for the preservation of students’ rights to discuss social issues, particularly health issues. Alternatively, Judge Hardiman’s dissent focused on the bracelets’ alleged sexual innuendo and did not give credence to the bracelets’ purpose. Judge Hardiman advocated upholding the ban due to the bracelets’ supposed sexual nature. Had Judge Hardiman prevailed, knowledge and awareness of a vital ...


Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado 2014 University of Massachusetts School of Law

Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado

University of Massachusetts Law Review

Richard Delgado replies to Dan Subotnik, Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, 8 U. Mass. L. Rev. 332 (2013).


Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot 2014 University of Massachusetts School of Law

Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot

University of Massachusetts Law Review

This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal ...


Changing Times In School Law - Introduction, Jeanne L. Surface, David Stader, Anthony Armenta 2014 University of Nebraska Omaha

Changing Times In School Law - Introduction, Jeanne L. Surface, David Stader, Anthony Armenta

Educational Leadership Faculty Publications

As 2012 came to a close, the re-election of President Obama assures the continuation of state waivers to No Child Left Behind (NCLB), the use of student growth modeling to make teacher and administrator employment decisions, and more accountability measures for PK-12 public schools and public and private institutions of higher education. The inexplicable school shootings at Sandy Hook Elementary in Newtown, Connecticut, once again opened the political discussion about school safety. The reauthorization of Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) looms on the horizon. The U.S. Supreme Court has once again ventured into the divisive ...


Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy 2014 University of Michigan Law School

Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy

University of Michigan Journal of Law Reform

Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a “free appropriate public education,” or FAPE. This Article argues that the promise of the IDEA cannot be realized unless more attention is paid to the child’s parents. Under the IDEA, as in life, the intermediary between the child ...


Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri 2014 Boston College Law School

Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri

Boston College Law Review

The National Labor Relations Board (NLRB) uses a substantial religious character test to determine whether it is authorized to exercise jurisdiction over faculty labor relations at religiously affiliated colleges and universities. Under the NLRB’s test, a school is not considered religious unless it makes religious indoctrination one of its primary purposes, denies faculty members academic freedom, and discriminates based on religion when hiring faculty and admitting students. Such an approach fails to recognize the religious nature of Catholic institutions of higher learning, which carry out their religious missions precisely by avoiding religious indoctrination, granting faculty academic freedom, and welcoming ...


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes III 2014 University of Massachusetts School of Law

Social Networking And Student Safety: Balancing Student First Amendment Rights And Disciplining Threatening Speech, John L. Hughes Iii

University of Massachusetts Law Review

As the use of social media increases and becomes an integral part of nearly every student's life, problems arise when student expression on these sites turns into threats against the school or other students, implicating both student safety and the speaker's right to free speech. Facing a lack of Supreme Court precedent, school officials need guidance on whether and how to take action when a student makes threats on social network - how to prevent any danger at school while respecting the student's right to free speech. This note develops an approach that combines the Supreme Court's ...


Avoiding Sorrow In Morrow: A Special Relationship Should Exist Between A School And Its Students, Kelly Schwartz 2014 Boston College Law School

Avoiding Sorrow In Morrow: A Special Relationship Should Exist Between A School And Its Students, Kelly Schwartz

Boston College Law Review

In 2013, in Morrow v. Balaski, the U.S. Court of Appeals for the Third Circuit held that a school did not have a constitutional duty to protect two students from being bullied. The court reasoned that no special relationship existed between the school and the students and the school’s actions did not create the harm that was inflicted on the students. This Comment argues that courts should find a special relationship between a school and its students when a school’s behavioral restrictions render the students dependent on the school for their safety.


The Professor As Whistleblower: The Tangled World Of Constitutional And Statutory Protections, Jennifer Bard 2014 SelectedWorks

The Professor As Whistleblower: The Tangled World Of Constitutional And Statutory Protections, Jennifer Bard

Jennifer Bard

Like Phil Robertson, the patriarch of the Duck Dynasty family, to Edward Snowden, the NSA leaker, many professors at U.S. colleges and universities are surprised to find how little protection they have from the adverse consequences of their speech. The First Amendment is says nothing about either academic freedom or whistleblowing and it has been left to the Supreme Court to develop a doctrine as to when and if a professor’s speech is entitled to Constitutional Protection. This article considers the broad topic of protection for speech by professors other than that directly related to the views they ...


Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, michael a. alao 2014 SelectedWorks

Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, Michael A. Alao

michael a alao

School districts rely on information systems to a similar extent as private, business organizations, yet the rules and regulations to ensure that school districts maintain adequate security to prevent data breaches and theft have failed to keep pace with private-sector developments. Advances in the private sector include notice-of-breach laws, consumer protection laws limiting individual liability for fraudulent electronic funds transfers, and auditing and reporting of internal controls. The public sector, including school districts, has also made advances in cyber security rules and regulations, but to a more limited extent than the private sector. Because of the sheer number of public ...


I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler 2014 Pace University

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace I.P., Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it ...


Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr. 2014 SelectedWorks

Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.

Watt Lesley Black Jr.

This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for ...


Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner 2014 SelectedWorks

Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner

David N. Wagner

In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state ...


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