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Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth 2017 Foundation for Individual Rights in Education

Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth

University of Miami Law Review

Freedom of expression is at risk at colleges and universities across the country. While campus administrators employ a number of strategies to censor speech they disfavor, this piece explores the trend of justifying censorship and punishment of expression by labeling it a “threat” and citing concerns about safety. In contrast to the kind of speech the Supreme Court has defined as a “true threat,” the expression at issue in the cases discussed here poses no safety risk, comprising political commentary, jokes, and pop culture references. Its punishment both trivializes actual dangers and chills campus discourse. Accordingly, it is imperative that ...


The Limits Of Education Purpose Limitations, Elana Zeide 2017 Princeton University

The Limits Of Education Purpose Limitations, Elana Zeide

University of Miami Law Review

While student privacy has been a public issue for half a century, its contours change in response to social norms, technological capabilities, and political ideologies. The Family Educational Rights and Privacy Act (FERPA) seeks to prevent inaccurate or inappropriate information about students from being incorporated into pedagogical, academic, and employment decisionmaking. It does so by con- trolling who can access education records and, broadly, for what purposes.

New education technologies take advantage of cloud computing and big data analytics to collect and share an unprecedented amount of information about students in class- rooms. Schools rely on outside, often for-profit, entities ...


Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman 2017 New York Law School

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

University of Miami Law Review

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. Second, I argue that a campus presence requirement for regulating any kind of off-campus cyberspeech never really existed, so any suggestion to the contrary ...


A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave 2017 University of Miami School of Law

A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave

University of Miami Law Review

This Article examines the procedural protections afforded by the top American colleges and universities. After briefly situating these policies historically, it presents original research on the procedural protections provided by the top twenty universities, top ten liberal arts colleges, and top five historically black colleges as ranked by U.S. News and World Reports. In 2015, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof, right to an adjudicatory hearing, right to confront and cross-examine witnesses, right to counsel, right to silence, and right to appeal. This Article ...


Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff 2017 University of Michigan Law School

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff

University of Miami Law Review

No abstract provided.


Keynote Address, Justice John Paul Stevens (Ret.) 2017 University of Miami Law School

Keynote Address, Justice John Paul Stevens (Ret.)

University of Miami Law Review

No abstract provided.


Back To Benevolence: The Case For Internet Access In Nevada's Juvenile Detention Centers, Michael Coggeshall 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Back To Benevolence: The Case For Internet Access In Nevada's Juvenile Detention Centers, Michael Coggeshall

Nevada Law Journal

No abstract provided.


Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones 2017 Duke Law

Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones

Duke Law & Technology Review

Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums calling into question who may control speech and forecast its impact, the circuit courts have granted public schools broad authority to monitor, and punish, their students for online activity that occurs off-campus. The Supreme Court recently declined the opportunity to reverse this disturbing trend by denying certiorari for Bell v. Itawamba County. As a result, questions remain unanswered regarding students’ right to ...


Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani 2017 Selected Works

Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani

Maryam Ahranjani

No abstract provided.


Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner 2017 St. John's University School of Law

Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner

Journal of Civil Rights and Economic Development

No abstract provided.


Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg 2017 National Louis University

Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg

Dissertations

The purpose of this case study was to better understand the reasons behind the apparent continued success of a blended learning educational model in place since 2012 in the Illinois Department of Juvenile Justice (IDJJ). Using a mixed methods approach, data were gathered and analyzed from a variety of records, reports, and other documentation that included: diplomas awarded, courses taken, course completion, enrollment trends, student mobility rates, GED testing information, and special education student enrollment and performance. Data were also gathered through classroom observations and individual and group interviews with the IDJJ district superintendent, principals, and teachers at six different ...


The Racial Politics Of Elementary School Choice For Black Parents Living In Brooklyn, Ny, Shannon N. Allen 2017 The Graduate Center, City University of New York

The Racial Politics Of Elementary School Choice For Black Parents Living In Brooklyn, Ny, Shannon N. Allen

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Charter school proliferation has disproportionately affected Black urban neighborhoods and the debate about the relationship between racial educational equity and enhanced public school choice through charters has created dissension and discord in scholarship and across Black politics, educational organizing efforts, neighborhoods, and school communities. This study is an interpretive policy analysis of the effects of charter school policy on the elementary school choice preferences and experiences of twenty Black parents living in predominately low-income and racially segregated Black Brooklyn neighborhoods where charter schools are disproportionately concentrated. It was designed to identify disparities between the values and goals of school choice ...


Update On Student Vaccinations, Charles J. Russo 2017 University of Dayton

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.


Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull 2017 Northwestern University School of Law

Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull

Northwestern University Law Review

Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad ...


The Textbook Case, Patrick S. Duffy 2017 St. John's University School of Law

The Textbook Case, Patrick S. Duffy

The Catholic Lawyer

No abstract provided.


The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley 2017 Pepperdine University

The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley

Pepperdine Law Review

State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in many states have approved ballot initiatives legalizing the sale of marijuana to adults for their recreational use. This Article argues that any state that legalizes marijuana has a concomitant duty to amend its K–12 public school instructional statutes to provide for substantial marijuana education. No state has yet enacted such legislation even though current alternative educational methods fail to provide sufficient safeguards. Accordingly, this Article proposes new statutory remedies that could bridge the gap ...


Legal Research Using Technological Tools : Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis 2017 Cleveland State University

Legal Research Using Technological Tools : Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis

Susan Silver

The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles. No longer simply storehouses of print information, libraries but now serve as starting points for searching online information that can be be accessed anywhere, any time and on any device. Library research that used to take hours or days can now be done in minutes. Online materials ...


Rethinking Law Enforcement Officers In Schools, Jason P. Nance 2017 University of Florida Levin College of Law

Rethinking Law Enforcement Officers In Schools, Jason P. Nance

Jason P. Nance

A recent event that occurred in a South Carolina classroom illustrates why there should be concern about assigning law enforcement officers to work in public schools. In October of 2015, a teacher called a law enforcement officer into a classroom to handle a student behavior problem. A female student was using a cell phone in violation of school rules. Other students in the classroom captured what happened next by video. The videos show that when the student refused to exit the classroom, the officer grabbed her by the neck, flipped her and her desk to the floor, and then forcibly ...


Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance 2017 University of Florida Levin College of Law

Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance

Jason P. Nance

The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This article analyzes the school-to-prison pipeline’s devastating consequences on students, its causes, and its disproportionate impact on students of color. But most importantly, this article comprehensively identifies and describes specific, evidence-based tools to dismantle the school-to-prison pipeline that lawmakers, school administrators, and teachers in all areas ...


Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson 2017 John Marshall Law School

Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson

Darby Dickerson

My goals in this article are to introduce the law school community to the problem of cyberbullies, and to alert deans, administrators, and professors to the risks associated with this form of bullying-so that the problem can be acknowledged and addressed, and so that we may all learn and work in as safe an environment as possible.


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