Education Law Commons^™

Penalty Or Damages? Are There Limits To Liquidated Damages Provisions In Teacher Employment Contracts

Florida A & M University Law Review

This Article examines the validity of liquated damages provisions with regard to teacher contracts and the appropriateness of their use. Part II addresses the law of liquidated damages generally. Part III discusses one Georgia case brought by two teachers against DCSD for enforcement of its liquidated damages provision as an attempt to force the teachers to stay with the District. Part IV summarizes a review of various teacher employment contracts and types of liquidated damages clauses incorporated therein. Part IV concludes with a discussion of various issues that school districts ought to take into consideration to enhance teacher retention and …

Enforcing The Right To Public Education, Areto A. Imoukuede

Journal Publications

This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.

Return Of The Campus Speech Wars, Thomas Healy

Michigan Law Review

Review of Erwin Chemerinsky and Howard Gillman's Free Speech on Campus.

The Supreme Court And Public Schools, Erwin Chemerinsky

Michigan Law Review

Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.

A School Divided: A Historicist Legal Analysis Of Good Spirit School Division No 204 V Christ Teacher Roman Catholic Separate School Division No 212, Edward (Ted) R. Lewis

Dalhousie Journal of Legal Studies

On the cusp of a judgment by the Saskatchewan Court of Appeal, this article examines the 2017 Saskatchewan Court of Queen’s Bench decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212. In this case, the SKQB ruled that non-Catholic students attending a publicly funded Catholic school were not entitled to per-student funding grants administered by the provincial government. This article reviews the case using a historicist lens informed by the philosophy of Edmund Burke, which the author suggests is appropriate in the Canadian constitutional context. Through this constitutional lens, the …

The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi

Faculty Articles

The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …

"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler

Scripps Senior Theses

In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy …

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri

Articles

From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their "right of publicity "-a state-law tort that prohibits the unauthorized use of a person's name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. …

Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo

Cardozo International & Comparative Law Review

The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.

Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyrights In Higher Education: Motivating A Research Agenda, Jacob H. Rooksby

Law Faculty Publications

The Bayh–Dole Act of 1980 enabled American universities to engage in technology transfer. Thirty years of research has investigated the legislation’s effectiveness and derivative university practices, such as the establishment of technology transfer offices. Unfortunately, the technology transfer literature has focused primarily on patenting as the primary transfer vehicle for protecting intellectual property in universities, overlooking other forms of IP ownership, such as copyrights. Legal scholarship shows, however, that universities are increasingly using copyrights to protect their intellectual property and that the number of university-held copyrights exceeds patents. This paper examines the use of copyrights to protect and transfer university …

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Speech Across Borders, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …

Keynote: The Protection Of Lgbt Youth, Craig Konnoth

Publications

This keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth's concluding remarks on the protection of LGBT youth.

Externships As A Vehicle For Teaching Access To Justice, Spring Miller

Vanderbilt Law School Faculty Publications

As a relatively new externship instructor, I spend a lot of time thinking about externships – what they mean for our students, what they add to the clinical curriculum and law school curriculum more broadly, and how best to conceptualize and make the most of these courses that constitute one of the most prevalent forms of experiential legal education.

Thanks to the work of experienced externship instructors and scholars, there are now a number of resources and articles exploring externships’ promise in promoting student learning with regard to lawyering skills and professional development. I have relied on many of these …

An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw

Faculty Scholarship

For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …

Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias

Faculty Scholarship

Thank you, I am delighted to be here. When Professor Fisk and the editors of the Journal asked if I would be willing to give the Feller Lecture this year, I did not hesitate for a moment. It goes without saying that, for a labor law professor, to give a lecture that commemorates David Feller is truly a special honor. While I never had the chance to meet him, his work as an advocate and scholar serves as an example for everyone in the field. I am grateful to the Journal and to the Feller family for the opportunity to …

Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen

Journal of Curriculum, Teaching, Learning and Leadership in Education

While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia …

On The Legal Regulation Of Electronic Education In The Republic Of Uzbekistan, A.Z. Karimov, N.N. Xikmatov

Review of law sciences

The article deals with the current state of legal regulation of electronic education in the Republic of Uzbekistan. In connection with the rapid development of electronic networking technologies, it is proposed to strengthen the regulatory framework of the national education system by adopting the Law «On amendments to the Law of the Republic of Uzbekistan "On education"». The article has information about concept as blended learning, electronic training and distant education. Moreover, it offers an introduction of the blended and electronic training. Besides that, it provides the main advantages and shortcomings of such types of training.