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Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery 2018 University of Maine School of Law

Where The Right Went Wrong In Southworth: Underestimating The Power Of The Marketplace, Clay Calvery

Maine Law Review

When the United States Supreme Court unanimously declared in March 2000 that mandatory student activity fees at public universities do not offend the First Amendment if distributed in viewpoint-neutral fashion, the decision dealt a severe blow to the conservative movement that had both supported the challenge to fee assessments and long railed against a perceived leftist/liberal bias in higher education. The New York Times, acknowledging the political implications of the case, hailed the Court's decision in Board of Regents v. Southworth as “a surprisingly broad and decisive victory for universities on an ideologically charged issue that has roiled ...


Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha McCarthy 2018 Loyola Marymount University & Indiana University

Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.


Education Fraud At The Margins: Using The Federal False Claims Act To Curb Enrollment Abuses In Online, For-Profit K-12 Schools, Erin R. Chapman 2018 University of Michigan Law School

Education Fraud At The Margins: Using The Federal False Claims Act To Curb Enrollment Abuses In Online, For-Profit K-12 Schools, Erin R. Chapman

Michigan Law Review

America’s online schools have some things to account for. In recent years, an increase in the number of for-profit K–12 schools has coincided with the rise of online education. Meanwhile, funding models that award money for each additional student incentivize for-profit schools to overenroll students in online programs that were once reserved for specialized subsets of students. Although, to date, reported incidents of enrollment fraud have been rare, there are many reasons to think that the problem has gone largely undetected. As education reformers on both sides of the political spectrum continue to push privatization and charter schools ...


Hb 338 - Turnaround Elligible Schools, Eleanor F. Miller, Heather E. Obelgoner 2018 Georgia State University College of Law

Hb 338 - Turnaround Elligible Schools, Eleanor F. Miller, Heather E. Obelgoner

Georgia State University Law Review

The Act creates the position of Chief Turnaround Officer (CTO) and authorizes the State Board of Education, in collaboration with the State School Superintendent and the Education Turnaround Advisory Council, to search for and appoint the CTO. The CTO has the authority to recommend individuals to serve as turnaround coaches upon approval by the state board. The Act defines the term “turnaround eligible schools” and identifies factors upon which the CTO may identify such schools. The Act provides procedures by which the CTO and turnaround coaches shall intervene in such schools. The Act creates the Education Turnaround Advisory Council, which ...


Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett 2018 Duke Law

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Duke Law & Technology Review

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success ...


Accreditation Under Fire: How Striking A Balance Between Accreditor Accountability And Autonomy Can Strengthen Educational Quality, Tyler J. Bishoff 2018 J.D. 2018, Roger Williams University School of Law

Accreditation Under Fire: How Striking A Balance Between Accreditor Accountability And Autonomy Can Strengthen Educational Quality, Tyler J. Bishoff

Roger Williams University Law Review

No abstract provided.


Pickering, Garcetti, & Academic Freedom, Mark Strasser 2018 Brooklyn Law School

Pickering, Garcetti, & Academic Freedom, Mark Strasser

Brooklyn Law Review

While the U. S. Supreme Court long ago recognized that individuals do not lose their free speech rights simply by virtue of being state employees, the contours of their First Amendment protections have been evolving over the past several decades. The proper way to apply these protections in the academic context is confusing, especially after Garcetti v. Ceballos in which the Court suggested that First Amendment protections do not attach insofar as individuals are speaking as employees rather than as citizens. The circuit courts have adopted a dizzying set of rules to determine when First Amendment protections are triggered in ...


Every English Learner Succeeds: The Need For Uniform Entry And Exit Requirements, Ana A. Núñez Cárdenas 2018 Brooklyn Law School

Every English Learner Succeeds: The Need For Uniform Entry And Exit Requirements, Ana A. Núñez Cárdenas

Brooklyn Law Review

While the number of English Learners (ELs) continues to significantly grow in the United States, the focus on their education is still severely lacking. During the No Child Left Behind (NCLB) era, the federal role in education greatly expanded, holding states accountable for their practices and ensuring academic proficiency. Even with the federal government’s expanded role ELs’ academic achievements did not improve and were further frustrated under the NCLB. In 2005, the Every Student Succeeds Act (ESSA) was introduced to ameliorate the harmful stain the NCLB left on education. Under the ESSA, the states regained both their autonomy and ...


No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts 2018 University of Oklahoma College of Law

No Excuses For Charter Schools: How Disproportionate Discipline Of Students With Disabilities Violates Federal Law, Johanna F. Roberts

Oklahoma Law Review

No abstract provided.


The Right To Education: An Analysis Through The Lens Of The Deontological Method Of Immanuel Kant, Kavana Ramaswamy 2018 Northwestern Pritzker School of Law

The Right To Education: An Analysis Through The Lens Of The Deontological Method Of Immanuel Kant, Kavana Ramaswamy

Northwestern Journal of Human Rights

The framework of categorical imperatives is one of the most famous deontological theories of rights that have been formulated. The framework has often been used to justify human rights policies all over the world. While they have been subject to several criticisms over the last two centuries, some of these include improvements to the original framework. This paper analyses the framework of the categorical imperatives and suggest certain modifications to improve internal coherence.

The paper then seeks to apply this framework to the right to education, a right that is under fire in the conservatively-charged political arena today. This is ...


Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen 2018 Mitchell Hamline School of Law

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.


Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy 2018 Mitchell Hamline School of Law

Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy

Mitchell Hamline Law Review

No abstract provided.


Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer 2018 Mitchell Hamline School of Law

Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer

Mitchell Hamline Law Review

No abstract provided.


Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert 2018 Mitchell Hamline School of Law

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.


The Economics Of American Higher Education In The New Gilded Age, Paul Campos 2018 University of Colorado Law School

The Economics Of American Higher Education In The New Gilded Age, Paul Campos

Articles

No abstract provided.


Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White 2018 Nixon Peabody LLP

Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White

St. Mary's Law Journal

Abstract forthcoming


School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert 2018 Northwestern Pritzker School of Law

School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert

Northwestern Journal of Human Rights

No abstract provided.


More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano 2018 California State University, Northridge

More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano

Fordham Intellectual Property, Media and Entertainment Law Journal

Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these efforts has led many universities to adopt policies to determine ownership of intellectual property rights. Many of these policies take different approaches to ownership, and most students are unaware of their rights and are unlikely to consider whether the university has a claim to ownership ...


Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden 2018 University of Illinois at Urbana-Champaign

Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden

Fordham Intellectual Property, Media and Entertainment Law Journal

Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off ...


Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum

Scholarly Works

Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and correlate with poor academic achievement, high drop-out rates, disaffection and alienation, and greater contact with the criminal justice system, a phenomenon christened the "School-to-Prison Pipeline."

A promising replacement for this punitive disciplinary regime derives from restorative justice theory and, using a variety of different legal interventions, reform advocates and lawmakers have tried to institute ...


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