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Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo 2017 University of Northern Iowa

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Michael Waggoner

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal with ...


You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz 2017 Penn State Law

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review

No abstract provided.


Martin Luther King, Jr. Lecture - "It's Set Up For Failure… And They Know This!": How The School-To-Prison Pipeline Impacts The Educational Experiences Of Street Identified Black Youth And Young Adults, Yasser Arafat Payne, Tara Marie Brown 2017 Villanova University Charles Widger School of Law

Martin Luther King, Jr. Lecture - "It's Set Up For Failure… And They Know This!": How The School-To-Prison Pipeline Impacts The Educational Experiences Of Street Identified Black Youth And Young Adults, Yasser Arafat Payne, Tara Marie Brown

Villanova Law Review

No abstract provided.


A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson 2017 Pepperdine University

A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson

Pepperdine Law Review

America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government ...


National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born 2017 Indiana University Maurer School of Law

National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born

Indiana Law Journal

No abstract provided.


The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp

Faculty Scholarship

This brief essay considers the use of antitrust’s rule of reason in assessing challenges to rule making by the NCAA. In particular, it looks at the O’Bannon case, which involved challenges to NCAA rules limiting the compensation of student athletes under the NCAA rubric that protects the “amateur” status of collegiate athletes. Within that rubric, the Ninth Circuit got the right answer.

That outcome leads to a broader question, however: should the NCAA’s long held goal, frequently supported by the courts, of preserving athletic amateurism be jettisoned? Given the dual role that colleges play, that is a ...


G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson 2017 University of Maryland Francis King Carey School of Law

G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson

Maryland Law Review

No abstract provided.


Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani 2017 Brigham Young University Law School

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton 2017 Brigham Young University Law School

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene 2017 Brigham Young University Law School

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.


Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman 2017 Brigham Young University Law School

Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman

Brigham Young University Education and Law Journal

No abstract provided.


Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder 2017 Brigham Young University Law School

Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder

Brigham Young University Education and Law Journal

No abstract provided.


Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler 2017 Seattle University School of Law

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal ...


Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson 2017 American University Washington College of Law

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Lia Epperson

No abstract provided.


Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli 2017 University of Georgia School of Law

Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli

Georgia Journal of International & Comparative Law

No abstract provided.


How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna 2017 Elisabeth Haub School of Law at Pace University

How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will provide an overview of how National Labor Relations Board cases of Northwestern University and Browning Ferris combined with the analysis presented in the National Labor Relations Board General Counsel Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context could impact the laws behind unionization, the contracts of university athletes, and, ultimately through contract negotiations, reintroduce the discussion regarding compensation of student-athletes.


Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander 2017 University of Maryland Francis King Carey School of Law

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Maryland Law Review

No abstract provided.


An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked 2017 Northwestern Pritzker School of Law

An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked

Northwestern University Law Review

The school district is a staple of American law. As the local government tasked with controlling our public schools, the school district is so well-entrenched that lawmakers and commentators ignore its uniqueness as a legal institution. The school district is peculiar to American law, and it is a peculiarity within American law. General purpose governments—cities and counties—are the local governments controlling schools outside the United States. In the United States itself, these governments control almost all other major local functions. But they do not control education here. Why? Why does American law rely on a separate local government ...


Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst 2017 SIT Graduate Institute

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student ...


School Discipline In Arkansas, Sarah C. McKenzie, Gary W. Ritter 2017 University of Arkansas, Fayetteville

School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines school discipline practices and outcomes in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine state-wide discipline trends, summarize the analysis on school-level data demonstrating disparities in student discipline, and make recommendations for utilizing this information.


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