Open Access. Powered by Scholars. Published by Universities.®

Education Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,170 Full-Text Articles 2,201 Authors 823,120 Downloads 129 Institutions

All Articles in Education Law

Faceted Search

3,170 full-text articles. Page 1 of 71.

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries 2016 University of Kentucky College of Law

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries

Scott R. Bauries

As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.

It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article ...


State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries 2016 University of Kentucky College of Law

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Scott R. Bauries

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights ...


Foreword: Rights, Remedies, And Rose, Scott R. Bauries 2016 University of Kentucky College of Law

Foreword: Rights, Remedies, And Rose, Scott R. Bauries

Scott R. Bauries

In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to ...


Caso. Falso Operativo En La Javeriana, Daniel Fernando Gomez Tamayo 2016 Selected Works

Caso. Falso Operativo En La Javeriana, Daniel Fernando Gomez Tamayo

Daniel Fernando Gómez Tamayo

¿Pueden los funcionarios de la embajada americana , Holanda y funcionarios públicos perturbar las clases de derecho de los negocios?    


Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker 2016 Nevada Law Journal

Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker

Nevada Supreme Court Summaries

This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.


Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda 2016 St. John's University School of Law

Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda

Journal of Catholic Legal Studies

No abstract provided.


Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky 2016 Associate Justice of the New Hampshire Superior Court from 2001-2013; Chair of New Hampshire's State Board of Education from 1997 to 2001

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways. But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these ...


Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel 2016 Pepperdine University

Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The purpose of this article, in light of the practical significance and the limited literature addressing the IDEA’s hearing level SOL, is to provide a current and concise overview of the case law addressing this specific issue. Part I provides the basic nature and purpose of SOL generally, and specifically how SOL applies to the IDEA’s impartial hearings. Parts II–IV addresses the elements of the SOL statutory provisions in terms of the triggering date, the exceptions, and the duration and effect of the SOL, including the importance of G.L. v. Ligonier Valley School District Authority. Part ...


Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel 2016 Pepperdine University

Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.


The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt 2016 Pace University School of Law

The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt

Pace Law Review

This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.


Permitted To Suffer For Experience: Second Circuit Uses "Primary Beneficiary" Test To Determine Whether Unpaid Interns Are Employees Under The Flsa In Glatt V. Searchlight Pictures, Inc., Michael A. Hacker 2016 Boston College Law School

Permitted To Suffer For Experience: Second Circuit Uses "Primary Beneficiary" Test To Determine Whether Unpaid Interns Are Employees Under The Flsa In Glatt V. Searchlight Pictures, Inc., Michael A. Hacker

Boston College Law Review

On January 25, 2016, the U.S. Court of Appeals for the Second Circuit in Glatt v. Fox Searchlight Pictures, Inc., vacated the U.S. District Court for the Southern District of New York’s order, which found that unpaid interns were “employees” under both the Fair Labor Standards Act (“FLSA”) and New York Labor Law. The Second Circuit also vacated the district court’s certification of a New York class and conditional certification of a nationwide FLSA collective. In so doing, the Second Circuit held that the proper inquiry for determining whether an intern is an “employee” under the ...


The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance 2016 University of Florida Levin College of Law

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

Jason P. Nance

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula ...


The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance 2016 University of Florida Levin College of Law

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

Jason P. Nance

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula ...


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff 2016 Georgetown University Law Center

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise 2016 Cornell Law School

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.


The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead 2016 University of Wisconsin-Madison

The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead

Fordham Urban Law Journal

No abstract provided.


Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo 2016 Berkeley Law School

Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo

Fordham Urban Law Journal

No abstract provided.


Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda 2016 Loyola University of New Orleans College of Law

Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda

Fordham Urban Law Journal

No abstract provided.


Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray 2016 Touro Law School

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.


The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation, Anthony Bilan 2016 University of Notre Dame Law School

The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation, Anthony Bilan

Notre Dame Law Review

Courtroom battles surrounding school finance and adequacy claims are very much alive today, nearly forty years after their progenitor, Serrano v. Priest. In spawning a potential new chapter in this history, a trial court in California struck down its state’s battalion of teacher tenure and employment laws under a legal analysis based in the education quality that those laws provided. This “landmark” case, Vergara, is generating conversation that its results could be duplicated throughout the nation. In a format familiar to school finance litigation, the Vergara court found that the state’s tenure statutes so detrimentally affected teaching that ...


Digital Commons powered by bepress