State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings,
2022
Lehigh University
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality,
2022
University of North Carolina School of Law
Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality, Osamudia James
Boston College Law Review
Animus and discrimination are the two legal lenses through which inequality is typically assessed and understood. Insufficient attention, however, is paid to the role of status in animating inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable political conflicts, status also informs the development of equality law in the United States. When courts, advocates, and policymakers affirm, ignore, miss, or concede to status hierarchies instead of dismantling them, those groups that perceive a decrease in their status relative to others will only use “equality-promoting” doctrine to rebalance status hierarchy in their favor. Public …
Freedom, Democracy, And The Right To Education,
2022
Northwestern Pritzker School of Law
Freedom, Democracy, And The Right To Education, Derek W. Black
Northwestern University Law Review
While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing—a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to education resides in America’s education story during the era of slavery and Reconstruction.
At that time, education was first and foremost about freedom. The South had criminalized education to maintain a racialized hierarchy that preserved slavery. Many African-Americans, seeing education as the means to both mental and physical freedom, made extraordinary …
The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education,
2022
Washington and Lee University School of Law
The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education, Todd C. Peppers
Scholarly Articles
In October Term 1954, the Supreme Court heard oral arguments regarding the implementation of the Brown decision. The resulting opinion is commonly referred to as “Brown II.” In his unanimous opinion, Chief Justice Earl Warren ordered local school districts to desegregate their schools “with all deliberate speed.” Supporters of immediate integration were dismayed by the vague language, which ultimately allowed southern states to use a variety of tactics to deliberately evade and resist the Court’s mandate that public schools be desegregated.
What has been forgotten in the discussion of Brown II and the “all deliberate speed” standard is that …
Free Speech, Social Media, And Public Universities: How The First Amendment Limits University Sanctions For Online Expression And Empowers Students, Staff, And Faculty,
2022
Mitchell Hamline School of Law
Free Speech, Social Media, And Public Universities: How The First Amendment Limits University Sanctions For Online Expression And Empowers Students, Staff, And Faculty, Eric T. Kasper
Mitchell Hamline Law Review
No abstract provided.
When Binding Doesn't Really Mean Binding: The Early Decision College Application,
2022
Mitchell Hamline School of Law
When Binding Doesn't Really Mean Binding: The Early Decision College Application, Jean Steadman
Mitchell Hamline Law Review
No abstract provided.
Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System,
2022
Mitchell Hamline School of Law
Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System, Brian Boggs
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Are Discipline Code Proceedings Another Example Of Racial Disparities In Legal Education?,
2022
University of Maryland Francis King Carey School of Law
Are Discipline Code Proceedings Another Example Of Racial Disparities In Legal Education?, Andrea A. Curcio, Alexis Martinez
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Hostile Learning Environments, The First Amendment, And Public Higher Education,
2022
University of Connecticut
Hostile Learning Environments, The First Amendment, And Public Higher Education, Todd E. Pettys
Connecticut Law Review
The Supreme Court has never squarely addressed the First Amendment status of student-on-student verbal harassment at public institutions of higher education. Does the First Amendment permit public colleges and universities to discipline students on the grounds that their speech has created a hostile learning environment for others on campus? If so, what is the analysis underlying that constitutional judgment, and what are the requisite hallmarks of such an environment? Does it matter whether a student’s speech created the hostile learning environment on its own or whether it wielded that power only by virtue of its combination with the speech of …
Stereotypes, Sexism, And Superhuman Faculty,
2022
University of Utah
Stereotypes, Sexism, And Superhuman Faculty, Teneille R. Brown
FIU Law Review
This symposium article explores how law professors with caretaking responsibilities struggled so greatly during the first year of the COVID-19 pandemic. Because legal academia prioritizes masculine ideals of competence over warmth, faculty were expected to suppress their emotions and mental health needs in order to maintain the appearance of competence. While students were allowed to be seen as vulnerable individuals needing accommodations, we did not extend this same compassion to our faculty colleagues. To explain why the treatment was so disparate, I incorporated existing research on the stereotype content model (SCM) and psychological theories of dehumanization. These theories help to …
The Golem In The Machine: Ferpa, Dirty Data, And Digital Distortion In The Education Record,
2022
University of Kansas School of Law
The Golem In The Machine: Ferpa, Dirty Data, And Digital Distortion In The Education Record, Najarian R. Peters
Washington and Lee Law Review
Like its counterpart in the criminal justice system, dirty data—data that is inaccurate, incomplete, or misleading—in K-12 education records creates and catalyzes catastrophic life events. The presence of this data in any record suggests a lack of data integrity. The systemic problem of dirty data in education records means the data stewards of those records have failed to meet the data integrity requirements embedded in the Family Educational Rights and Privacy Act (FERPA). FERPA was designed to protect students and their education records from the negative impact of erroneous information rendered from the “private scribblings” of educators. The legislative history …
The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages,
2022
Wake Forest University School of Law
The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell
Washington and Lee Law Review
In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.
The Great (Un)Equalizer: Education As A Fundamental Right, 55 Uic L. Rev. 803 (2022),
2022
UIC School of Law
The Great (Un)Equalizer: Education As A Fundamental Right, 55 Uic L. Rev. 803 (2022), Nicholas Kresl
UIC Law Review
No abstract provided.
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes,
2022
Washington and Lee University School of Law
Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh
Washington and Lee Journal of Civil Rights and Social Justice
2021 Louise Halper Award Winner for Best Student Note
The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …
A Miser’S Rule Of Reason: Student Athlete Compensation And The Alston Antitrust Case,
2022
University of Pennsylvania Carey Law School
A Miser’S Rule Of Reason: Student Athlete Compensation And The Alston Antitrust Case, Herbert J. Hovenkamp
Faculty Scholarship at Penn Carey Law
The unanimous Supreme Court decision in NCAA v. Alston is its most important probe of antitrust’s rule of reason in decades. The decision implicates several issues, including the role of antitrust in labor markets, how antitrust applies to institutions that have an educational mission as well as involvement in a large commercial enterprise, and how much leeway district courts should have in creating decrees that contemplate ongoing administration.
The Court accepted what has come to be the accepted framework: the plaintiff must make out a prima facie case of competitive harm. Then the burden shifts to the defendant to produce …
There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete,
2022
Touro Law Center
There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler
Touro Law Review
The transgender athlete is a relatively new concept challenging the norm of gender division in sports. Multiple states across the United States have yet to update their policies to include the transgender athlete in interscholastic athletics. State policies that do include transgender student athletes are currently being challenged on the grounds that they violate Title IX of the Educational Amendments to the 1964 Civil Rights Act. This review considers the different state policies dictating the inclusion of transgender student athletes in school sports. After evaluating the impact of omitting transgender students from participating on sports teams, this review maintains that …
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities,
2022
Touro Law Center
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
Touro Law Review
A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …
Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L.,
2022
LMU Loyola Law School, Los Angeles
Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds
Loyola of Los Angeles Entertainment Law Review
When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.
The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …
Assessing Amateurism In College Sports,
2022
University of Alabama School of Law
Assessing Amateurism In College Sports, Casey E. Faucon
Washington and Lee Law Review
College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes—85 percent of whom live below the poverty line—receive a share of zero. For over a century, we’ve justified this exploitative distribution scheme under a cloak of student-athlete “amateurism.” Antitrust challenges to the NCAA’s amateurism rules clash with the assumption that “amateurism” is a revered tradition and an important tenet …
The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education,
2022
Penn State Dickinson Law
The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway
Faculty Scholarly Works
The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump’s white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on to the populist, among other messages, “The Big Lie,” the rightwing is committed to a coordinated strategy of attacking and delegitimizing democratic institutions for the purpose of retaining economic and political power.
The attack on Critical Race Theory (“CRT”) is one element of the …