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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.


Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst 2015 Western Michigan University

Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst

The Hilltop Review

Social media has certainly evolved and continues to do so with each new day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. In the following years since its inception, social media has captured a significant amount of time of individuals in every aspect of their lives. However, with this advancement also comes possible conflict in how companies and departments within a university or college setting conduct background checks. Social media makes public profiles an easy click away and many potential job seekers may not see the problems that ...


What Are We Making A Federal Case Of? An Interdisciplinary Analysis Of Education And The Right To Privacy In The Classroom, Ronnie Jane Lamm 2015 Touro College Jacob D. Fuchsberg Law Center

What Are We Making A Federal Case Of? An Interdisciplinary Analysis Of Education And The Right To Privacy In The Classroom, Ronnie Jane Lamm

Touro Law Review

No abstract provided.


Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose 2015 Texas A&M University School of Law

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Pace Law Review

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.


An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus 2015 Pepperdine University

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones 2015 Boston College Law School

Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones

Boston College Law Review

On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association, the U.S. District Court for the Northern District of California held that the NCAA’s restriction on compensating student-athletes for the use of their names, images, and likenesses violated the Sherman Act. The court ruled against the NCAA despite a long history of judicial deference grounded in preserving the amateur and educational nature of the NCAA. The NCAA has appealed the decision. Despite annual revenues approaching $1 billion, the NCAA claims its amateur and educational fundamentals distinguish its product from commercialized professional sports. This Comment argues that ...


Teachers' Perceptions Of Their Ability To Respond To Active Shooter Incidents, Carole F. Rider 2015 The University of Southern Mississippi

Teachers' Perceptions Of Their Ability To Respond To Active Shooter Incidents, Carole F. Rider

Dissertations

The purpose of this research study was to determine Mississippi high school teachers’ perceptions regarding their preparedness for an active shooter incident. The study included an extensive literature review that included background and policy context, theoretical foundations, pertinent research and professional perspectives and a worldwide timeline of school shootings. The study also included data collection and analysis, results, conclusions, recommendations for policymakers and educational leaders, and recommendations for further research.

The study was conducted to determine if there was a relationship between school planning procedures, participation in practice and drill activity, and administrator preparedness for an active shooter incident and ...


Faculty Insights Of Educational Diversity, Meera E. Deo 2015 Thomas Jefferson School of Law

Faculty Insights Of Educational Diversity, Meera E. Deo

Fordham Law Review

Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in ...


Common Core State Standards: Analysis And Policy Proposal, Savannah Rae Dabney 2015 University of Tennessee, Knoxville

Common Core State Standards: Analysis And Policy Proposal, Savannah Rae Dabney

University of Tennessee Honors Thesis Projects

No abstract provided.


Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi 2015 University of Maryland Francis King Carey School of Law

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.


A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr. 2015 College of William & Mary Law School

A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr.

William & Mary Journal of Women and the Law

This Article explores affirmative action treatment for self-identified LGBT individuals in college and university admissions. This Article seeks to explain that while granting affirmative action treatment to self-identified students in the admission process is constitutional, under the current affirmative action precedent, there is a lack of sufficient justification for such an expansion. This Article will also explore the advantages and disadvantages should colleges and universities choose to implement affirmative action programs for LGBT applicants.

Section I of this Article will begin by depicting the evolution of affirmative action programs since their inception in the early 1960s. This section will also ...


Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone 2015 1567

Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone

Michele R. Pistone

1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers ...


Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker 2015 Golden Gate University School of Law

Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker

Catherine L Rucker

In California, K-12 schools with swimming pools are able to provide swim physical education classes without lifeguard supervision. This is because the Health & Safety Code only requires lifeguard supervision for public pools that charge a "direct fee." As a result, some schools are conducting swim pe classes - that are only supervised by one physical education teacher. And the teacher may or may not have additional safety training. Unfortunately, drownings and near-drownings have occurred in school swim pe classes in California.

In order to ensure student safety, this resolution would require that a K-12 school can only offer a swim pe ...


Resolution About K-12 School Field Trip Liability, Catherine L. Rucker 2015 Golden Gate University School of Law

Resolution About K-12 School Field Trip Liability, Catherine L. Rucker

Catherine L Rucker

The California Education Code has conflicting sections about school liability for events that occur off-campus. For example, if a student is injured during a "field trip or excursion," then the parents cannot file "any claim." This means that the school would have absolute immunity and cannot be held liable for the student's injury.. In contrast, if a student is injured during a "school-sponsored event," then the school only has conditional immunity. This means that if a school employee acted negligently, then the school can be held liable for the student's injury. This resolution asks the California legislature to ...


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