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Exclusion From The Educational Process In The Public Schools: What Process Is Now Due, Larry Bartlett, James McCullagh 2016 Selected Works

Exclusion From The Educational Process In The Public Schools: What Process Is Now Due, Larry Bartlett, James Mccullagh

James McCullagh

No abstract provided.


Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman 2016 BLR

Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman

University of Southern California Legal Studies Working Paper Series

This paper reinterprets a child’s right to an open future as based on values other than autonomy. The paper identifies two goods that parents sometimes undermine when shaping their children’s values: authenticity and identification. It argues that these can be recognized as primary goods by both liberals and by fundamentalists. The paper then shows how we might re-conceptualize the right to an open future as protecting authenticity and identification rather than autonomy.

As a running example, the paper considers ultra-Orthodox Jews in Israel who deny their sons secular education beyond an elementary school level. If their sons do ...


Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick 2016 Cedarville University

Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick

Channels: Where Disciplines Meet

This paper explores the present state of institutional discipline regarding sexual assaults on campus and the impact of the April 4, 2011 “Dear Colleague Letter” (DCL) issued by the Office for Civil Rights of the Department of Education on this problem. The paper then discusses the applicable Title IX standards and the procedural due process rights for the accused in campus sexual assault cases. The paper explores colleges’ responses to the DCL and means for redress for the accused under Title IX. The author argues that the DCL improperly incentivizes colleges to convict the accused, and suggests that cases of ...


Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier 2016 University of Massachusetts School of Law

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to ...


Decoupling Vaccine Laws, Dorit Rubenstein Reiss 2016 UC Hastings College of the Law

Decoupling Vaccine Laws, Dorit Rubenstein Reiss

Boston College Law Review

School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Although such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for protecting the vaccine-deprived children themselves. This essay argues that exemptions from school immunization requirements should not be understood to limit the protections available to children due to a decision to withhold vaccines. The existence of an exemption should, however, prevent criminal prosecution if a child dies from a preventable disease, because a parent ...


Taking Precautions When Shaping A Child's Values, Scott Altman 2016 BLR

Taking Precautions When Shaping A Child's Values, Scott Altman

University of Southern California Legal Studies Working Paper Series

Parents’ discretion to shape their children’s values is limited both by society’s interests in the people those children will become and by the children’s own interests. This article examines the limits imposed by children’s interests. It uses several examples, including ultra-Orthodox Jews in Israel who send their son to a school that does not teach secular subjects beyond an elementary-school level. If the son remains religious, his education will have been suitable. But if he does not, he will be ill-prepared to thrive in a secular society.

This article compares the religious parents’ choice about secular ...


Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem 2016 Iowa State University

Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem

Peter Orazem

The lower level of school quality available for blacks relative to whites in the segregated era is frequently cited as a primary cause for the currently observed gap in black-white average wages. The inferior education pro­ vided to black children is argued to have caused lower levels of human capital produc­ tion in black schools than white schools. The gap in black-white wages can be traced to this gap in human capital. Similarly, the convergence in black-and-white average wages during the 1960's and 1970's may be explained by the steady convergence in black-and-white school quality and atten­ dance ...


The Cost Of Opportunity: Student Debt And Social Mobility, Daniela Kraiem 2016 American University Washington College of Law

The Cost Of Opportunity: Student Debt And Social Mobility, Daniela Kraiem

Daniela Kraiem

No abstract provided.


Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps 2016 Osgoode Hall Law School of York University

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

Lisa Philipps

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to ...


Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem 2016 Iowa State University

Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem

Peter Orazem

The lower level of school quality available for blacks relative to whites in the segregated era is frequently cited as a primary cause for the currently observed gap in black-white average wages. The inferior education provided to black children is argued to have caused lower levels of human capital production in black schools than white schools The gap in black-white wages can be traced to this gap In human capital* Similarly, the convergence in black and white average wages during the 1960's and 1970's may be explained by the steady convergence in black and white school quality and ...


A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski 2016 United States Court of Appeals for the Eleventh Circuit

A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski

Washington and Lee Law Review Online

This term, the Supreme Court will consider Fry v. Napoleon Community Schools. Fry implicates a circuit split on the proper scope of the exhaustion requirement in 20 U.S.C. § 1415(l) of the Individuals with Disabilities Education Act (IDEA). That section requires parents of students with disabilities to exhaust state administrative remedies “before the filing of a civil action . . . seeking relief that is also available under” the IDEA. Two different approaches to this requirement have emerged among the courts of appeals: an “injury-centered” approach and a “relief-centered” approach. Under the injury-centered approach, exhaustion is required when a child’s ...


Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett 2016 Notre Dame Law School

Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett

Nicole Stelle Garnett

More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done ...


"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett 2016 University of Georgia School of Law

"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett

Journal of Intellectual Property Law

No abstract provided.


The Middle Class, Urban Schools And Choice, Michael Lewyn 2016 Touro Law Center

The Middle Class, Urban Schools And Choice, Michael Lewyn

Michael E Lewyn

Urban schools tend to be less attractive to middle-class parents than suburban schools; as a result, the public school system generates suburban sprawl.  This talk discusses both egalitarian and market-oriented means of making cities more attractive to parents.


Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas 2016 Nevada Law Journal

Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas

Nevada Supreme Court Summaries

The Court determined that (1) Article 11, Section 1 of the Nevada Constitution does not limit the Legislature’s discretion in encouraging other methods of education, and based on this, the Education Savings Account (“ESA”) program is not contrary to Article 11, Section 2 which requires the Legislature to “provide for a uniform system of common schools”; and that (2) the funds deposited in the education savings account are not “public funds” subject to Article 11, Section 10; and finally that (3) the ESA program violates the mandate under Section 2 and 6 to fund public education because SB 302 ...


Higher Education Reform And The Increased Cost Of Post-Secondary Education In The U.S.: A Policy Review Of Current Policy Plans And Policy Proposals, Arthur C. Evans III 2016 Keiser University

Higher Education Reform And The Increased Cost Of Post-Secondary Education In The U.S.: A Policy Review Of Current Policy Plans And Policy Proposals, Arthur C. Evans Iii

South Florida Education Research Conference

Within the last decade, there has been an ever-increasing attention on the need for higher education reform. Measures to mitigate the increased cost and different policy proposals have been introduced to increase the accountability and value. This paper examines current higher education polices and looks at some overarching ideas involved.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer 2016 William & Mary Law School

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers ...


Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett 2016 Notre Dame Law School

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Richard W Garnett

No abstract provided.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Selected Works

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Hugh Mundy

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman 2016 Seton Hall University

In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman

Seton Hall Circuit Review

No abstract provided.


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