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The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown 2017 Indiana University Maurer School of Law

The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Classroom Taping Under Legal Scrutiny—A Road Map For A Law School Policy, Alexis Anderson 2017 Boston College Law School

Classroom Taping Under Legal Scrutiny—A Road Map For A Law School Policy, Alexis Anderson

Boston College Law School Faculty Papers

Technological advances have made law school administrations, faculties, and students increasingly interested in recording class sessions. Administrators gain significant flexibility if class recordings are readily available to mitigate weather, transportation, medical, or other unexpected emergencies. Faculty members appreciate students' enhanced comprehension of material following their subsequent study of the in-class proceedings. Students with disabilities and those who want more opportunities for content review benefit from access to recordings. Despite those acknowledged advantages, there are legal parameters for class recordings that have not previously been addressed in the literature. Existing legal constraints on class recording by any law school stakeholder include ...


Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young 2017 John Marshall Law School

Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young

The John Marshall Law Review

This article examines this recent surge of student activism to determine how it fits within larger social movements and to evaluate how receptive courts and legislatures may be to some of the claims raised by the protests. Significant changes in civil rights laws have often been driven by significant shifts in societal perceptions of and engagement with social justice issues. And importantly, social movements have often fostered the political pressure necessary for social, legal, and political reform. There is the potential for these protests to influence courts and legislatures and shape their interpretations of legal rules in ways that recognize ...


The Middle Class, Urban Schools, And Choice, Michael Lewyn 2016 Touro Law Center

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Michael E Lewyn

It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb. 

 This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents.  Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations because ...


Epilogue: Special Issue Of The Elpr Church-State Law In Public Educational Institutions, Susan L. Silver, Steven B. Permuth, Dustin Robinson, Meaghan A. McKenna 2016 University of South Florida

Epilogue: Special Issue Of The Elpr Church-State Law In Public Educational Institutions, Susan L. Silver, Steven B. Permuth, Dustin Robinson, Meaghan A. Mckenna

Susan Silver

No abstract provided.


Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw 2016 CUNY Hunter College

Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw

School of Arts & Sciences Theses

This paper investigates whether receiving in-state tuition benefits effects the academic performance of non-citizen students attending Texas public state-universities. Using data from the Texas Higher Education Opportunity Project, it examines the effect of the HB-1403 policy on contributing factors affecting academic performance of non-citizen students.


Reforming School Discipline, Derek W. Black 2016 University of South Carolina School of Law

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and ...


Federal Aid For Children And Teachers In All Schools, T. Raber Taylor 2016 St. John's University School of Law

Federal Aid For Children And Teachers In All Schools, T. Raber Taylor

The Catholic Lawyer

No abstract provided.


The Child Benefits System In Operation - Federal Style, Hugh L. Carey 2016 St. John's University School of Law

The Child Benefits System In Operation - Federal Style, Hugh L. Carey

The Catholic Lawyer

No abstract provided.


From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead 2016 Liberty University

From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead

Senior Honors Theses

Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however ...


Education As A Vital Right, Clayton Kozinski 2016 Notre Dame Law School

Education As A Vital Right, Clayton Kozinski

Journal of Legislation

No abstract provided.


Update On School Searches, Charles J. Russo 2016 University of Dayton

Update On School Searches, Charles J. Russo

Educational Leadership Faculty Publications

School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.

Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.


Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick 2016 Cedarville University

Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick

Channels: Where Disciplines Meet

This paper explores the present state of institutional discipline regarding sexual assaults on campus and the impact of the April 4, 2011 “Dear Colleague Letter” (DCL) issued by the Office for Civil Rights of the Department of Education on this problem. The paper then discusses the applicable Title IX standards and the procedural due process rights for the accused in campus sexual assault cases. The paper explores colleges’ responses to the DCL and means for redress for the accused under Title IX. The author argues that the DCL improperly incentivizes colleges to convict the accused, and suggests that cases of ...


Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier 2016 University of Massachusetts School of Law

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to ...


Decoupling Vaccine Laws, Dorit Rubenstein Reiss 2016 UC Hastings College of the Law

Decoupling Vaccine Laws, Dorit Rubenstein Reiss

Boston College Law Review

School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Although such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for protecting the vaccine-deprived children themselves. This essay argues that exemptions from school immunization requirements should not be understood to limit the protections available to children due to a decision to withhold vaccines. The existence of an exemption should, however, prevent criminal prosecution if a child dies from a preventable disease, because a parent ...


Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem 2016 Iowa State University

Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem

Peter F. Orazem

The lower level of school quality available for blacks relative to whites in the segregated era is frequently cited as a primary cause for the currently observed gap in black-white average wages. The inferior education pro­ vided to black children is argued to have caused lower levels of human capital produc­ tion in black schools than white schools. The gap in black-white wages can be traced to this gap in human capital. Similarly, the convergence in black-and-white average wages during the 1960's and 1970's may be explained by the steady convergence in black-and-white school quality and atten­ dance ...


The Cost Of Opportunity: Student Debt And Social Mobility, Daniela Kraiem 2016 American University Washington College of Law

The Cost Of Opportunity: Student Debt And Social Mobility, Daniela Kraiem

Daniela Kraiem

No abstract provided.


Tenure Wars: The Litigation Continues, Charles J. Russo 2016 University of Dayton

Tenure Wars: The Litigation Continues, Charles J. Russo

Educational Leadership Faculty Publications

Teacher tenure is a controversial topic that continues to generate litigation. Parents and advocates of educational reform have filed claims alleging, in part, that school officials violate the rights of students who are not achieving academically largely because of the ineffective instruction the students receive from teachers.

Typically, these suits also claim that conditions in districts where students perform poorly on academic measures are exacerbated by the protection that state tenure laws—in conjunction with union efforts—afford ineffective teachers, thereby making it difficult to dismiss the teachers for incompetence.

In North Carolina Association of Educators v. State (2016), a ...


Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps 2016 Osgoode Hall Law School of York University

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

Lisa Philipps

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to ...


The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma 2016 Brigham Young University Law School

The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma

BYU Law Review

Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies ...


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