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,
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,
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 ...
The Ncaa And The Rule Of Reason,
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 ...
National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association,
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.
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students,
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.
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago,
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,
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,
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,
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.
Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases,
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.
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,
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,
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,
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,
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.
An American Oddity: The Law, History, And Toll Of The School District,
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 ...
Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study,
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.
Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process,
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,
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.
Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic,
2017
Fordham University School of Law
Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau
Fordham Law Review
In 2009, state legislatures began to enact concussion safety laws to protect youth athletes suffering from traumatic brain injuries sustained during the course of play. By 2014, all fifty states and the District of Columbia had enacted some form of youth sports concussion legislation. Yet these statutes vary widely across states in terms of the protections offered to youth athletes. This Note provides an analysis of state legislation by classifying all fifty-one statutes among distinct tiers ranging from least to most protective.
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits,
2017
Wake Forest University School of Law
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin
Fordham Law Review
This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery ...
