Law Commons^™

Historical Sketch Of The Indiana University, David Demaree Banta

David Banta (1889-1896)

Historical sketch of Indiana University from its founding until 1889. It is unknown when this piece was written or if it was published.

Beware: Teachers Who Blog, Charles J. Russo

Educational Leadership Faculty Publications

A recent case from Pennsylvania, Munroe v. Central Bucks School District (2014), raises fresh questions about the free speech and expression rights of public school teachers as they use the Internet. In Munroe, when a board terminated a high school teacher’s employment for making controversial postings about her students and colleagues on her personal blog—postings that proved disruptive—a federal trial court rejected the educator’s claim that she was dismissed in retaliation for exercising her right to free speech.

Before reviewing the facts and judicial opinion in Munroe, it is worth noting that blogs (a term coined in the late 1990s …

Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters.

Transportation Funding In Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In a report to the Arkansas Joint Senate and House Education Committee meeting in September 2014, Picus Odden & Associates recommended that the Legislature change the state’s transportation funding system. Currently, transportation funding is distributed from the state to districts on a per pupil basis as a part of the unrestricted foundation formula. In doing so, the system does not account for the variation in costs of transportation for districts across the state; therefore, Picus Odden & Associates recommended that the state’s transportation funding structure be changed. The purpose of this policy brief is to highlight transportation funding in Arkansas …

Faculty Research Interest Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Tsu Faculty Publication Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Legal Issues Surrounding Christmas In Public Schools, Charles J. Russo, Ralph D. Mawdsley

Educational Leadership Faculty Publications

As the United States becomes increasingly religiously diverse, surprisingly relatively little litigation has occurred over the celebration of religious holy days and holidays in public schools. Although the Supreme Court has addressed Christmas displays on two occasions—in Lynch v. Donnelly (1984) and County of Allegheny v. American Civil Liberties Union (1989)—neither case directly concerned public schools.

The status of holiday celebrations in public schools is a key, if seasonal, issue in light of the importance of religion in the lives of many Americans, as educators seek to teach students to appreciate diversity in all of its manifestations, including religion.

National And State Research On Pre-Kindergarten, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Across the nation, over 1.3 million threeand four-year olds attend state funded pre-K programs in 40 states (and Washington D.C.).1 In Arkansas, over 25,000 three- and four-year olds are enrolled in state-funded programs. Since 2008, approximately $111 million a year of state funding has been spent on preKindergarten in Arkansas. 2 In the 2014 election season, the topic of pre-K and state funding for pre-K has been debated in a number of state races, including Arkansas. Therefore, the purpose of this policy brief is to describe pre-K in Arkansas and summarize the existing research examining the impact of pre-K.

Charter School Facilities Funding, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The equity and adequacy of facilities funding for charter schools (as well as traditional public schools (TPS)) is a topic of hot debate in Arkansas and across the country. Proponents of charters argue that charter schools are burdened due to a lack of facilities funding. Other argue that there are great needs in our TPS districts as well, and that these needs should be met first. This brief describes what facilities funding is currently available to charter schools in Arkansas and what other states are doing that we could possibly leverage here in the Natural State.

11th Circuit Court Of Appeals: Cambridge Univ. Press V. Patton, Opinion (2014), 11th Circuit Court Of Appeals

Georgia State University Copyright Lawsuit

No abstract provided.

Alcohol And Substance Abuse In Higher Education: Suggestions For Student Affairs Professionals, Emma Charpentier, Andrew L. Cullen, Bryan Hamann, Samantha Mallory

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Legal Implications Of Student-Based Relationships In Higher Education, Lisa Brun, Zachary Inman

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Reforming High School American History Curricula: What Publicized Student Intolerance Can Teach Policymakers, Douglas E. Abrams

Faculty Publications

This article concerns the way public high schools teach American history under curricula and standards mandated by state law. “We’re raising young people who are, by and large, historically illiterate,” says David McCullough, the dean of American historians.

The article describes three recent nationally publicized incidents in which high school students belittled lynching and the Trail of Tears, evidently without appreciating the episodes’ legal and historical significance to African Americans and Native Americans respectively. Standards and textbooks typically recognize diversity and multiculturalism, but research and surveys indicate that classroom teachers frequently sanitize or avoid discomforting topics that might trigger complaints, …

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski

Faculty Publications By Year

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

Next Generation Science Standards, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This policy brief provides an overview of the Next Generation Science Standards (NGSS), voluntary state science standards that are intended to improve the quality of science instruction in the U.S. The brief discusses the history of science standards, the development of the NGSS and its current status, arguments for and against the standards, and the status of the NGSS in Arkansas.

Out With The Old, In With The New Two Perspectives On Implementing Libguides At An Academic And A Public Law Library, Shamika Dalton, Danielle Becker

College of Law Faculty Scholarship

LibGuides can be a great tool, as many librarians in various types of institutions will testify. But there are some considerations for their use. Following, Danielle A. Becker, electronic services librarian at Minnesota State Law Library, and Shamika D. Dalton, assistant university librarian at University of Florida Levin College of Law, provide their insights on working with the tool in their respective institutions

Race-Based Preferences And The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

So-called race-conscious remedies ensure that all citizens are considered fairly and equally for employment and education opportunities. The legal status of race-conscious remedies continues to present challenges for education leaders, policymakers, and lawmakers.

Changing Spaces, Lauren M. Collins

Law Faculty Articles and Essays

As print collections shrink in favor of the electronic delivery of information, library space—once needed to hold the volumes we counted on to justify our existence—is no longer necessary for that purpose. Those who manage law libraries with large footprints are regularly asked to justify the continued maintenance of space that houses much smaller collections. Even those with smaller library spaces find themselves, at the very least, with more space than they had before and facing decisions about its use. This article discusses the ways in which several law libraries have altered their spaces while also adding to students' learning, …

Out With The Old, In With The New Two Perspectives On Implementing Libguides At An Academic And A Public Law Library, Shamika Dalton

Scholarly Works

LibGuides can be a great tool, as many librarians in various types of institutions will testify. But there are some considerations for their use. Following, Danielle A. Becker, electronic services librarian at Minnesota State Law Library, and Shamika D. Dalton, assistant university librarian at University of Florida Levin College of Law, provide their insights on working with the tool in their respective institutions.

Schools Of Innovation, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Act 601, passed in April 2013, allows for schools to apply to become “schools of innovation.” Accepted schools receive flexibility from certain regulations in order to facilitate the use of innovative approaches to teaching and learning. In this policy brief, we discuss the history of Act 601, similar models in other states and their results, the application and approval process, the 2014-15 schools of innovation, and the role of the Office of Innovation for Education in supporting schools of innovation.

2013-14 Arkansas Test Results, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In late July, the Arkansas Department of Education (ADE) released the 2013- 14 test score results. The following brief highlights the results of these tests, compares achievement scores over time, and provides a glimpse of regional achievement results for the following exams:  Benchmark Exam (Grades 3-8)  End-of-Course Exam (Algebra I, Geometry, Biology, and Grade 11 Literacy).  Iowa Test of Basic Skills (Grades 1-9)

2014 Tsu Undergraduate Research Program, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Negligence, Student Supervision, And School Business Officials, Charles J. Russo

Educational Leadership Faculty Publications

With a new school year on the horizon, the topic of adequate student supervision is once again on educators’ minds. Whether students are attending classes, playing in school yards, or participating in extracurricular sports or other activities, educators are at risk of liability for injuries that children sustain if officials fail to meet their duty to protect youngsters from unreasonable risks of harm.

Accordingly, awareness of the principles relating to the legal duty to supervise students adequately and the defenses to negligence can go a long way toward shielding school districts from liability. As evidenced by the representative cases cited …

Professor Thomas G. Field, Jr.: Pioneer In Intellectual Property Education, Teacher, Mentor, And Scholar, Jon R. Cavicchi

Law Faculty Scholarship

It is almost an impossible endeavor to summarize the forty plus year career of Thomas G. Field, Jr. Regarding this inquiry, Field might say, "If you want to know what I have done, look at my C. V. on the web!" His ten page, single-spaced "Abbreviated Curriculum Vitae" only sets the factual stage for the incredible career that spanned the entire life of the University of New Hampshire School of Law ("UNH School of Law" or "UNH Law"). The real story is only told by Field himself, his contemporaries, colleagues, and the thousands of students whose life he touched. This …

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Educational Leadership Faculty Publications

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools¹ to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,² a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,³ the Court struck down the Defense …

Workers’ Compensation And The School Business Official, Charles J. Russo

Educational Leadership Faculty Publications

Workers’ compensation laws emerged during the Industrial Revolution to protect individuals and their families from salary losses and medical expenses that resulted from work-related injuries, illnesses, or death. The laws allow employees to receive partial or full benefits temporarily or permanently, depending on the seriousness of their conditions.

In light of the significance of workers’ compensation laws for school board budgets and staffing, this column begins with a brief history of the statutes; examines the components of a typical workers’ compensation statute, along with selected representative recent litigation; and then offers recommendations for school business officials (SBOs), their boards, and …

Ownership Of Intellectual Property, Policy Of The University Of Nebraska Board Of Regents, University Of Nebraska Board Of Regents

Digital Commons / Institutional Repository Information

The prompt and open dissemination of the results of research undertaken at the University of Nebraska and the free exchange of information among scholars are essential to the fulfillment of the University's obligations as an institution committed to excellence in research, education, and service. Matters of ownership, distribution, and commercial development nonetheless arise in the context of technology transfer, which is also an important aspect of the University's commitment to public service. The University of Nebraska as a public institution has a responsibility to recognize the State’s contribution of tax support for research and creative activity by devoting an appropriate …

Early College High School, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In the past decade, there has been a growing trend of offering opportunities to high school students to earn college credit. These opportunities have come in many forms: Advanced Placement (AP) courses, International Baccalaureate (IB) courses, dual enrollment, and concurrent enrollment. Early college high schools have developed in the wake of this trend. This policy brief examines Early College High Schools, small schools designed to enable students to earn both a high school diploma and an Associate’s degree or up to two years of college credit, tuition free.

New Tech Network In Arkansas, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The New Tech Network high school model is a component of Governor Beebe’s 2011 STEM Works Initiative and currently operating in several Arkansas high schools. This policy brief examines the New Tech model, including both its successes and challenges, and spotlights two Arkansas high schools that are using the model.

Policy Brief: Keeping All Students Safe Act Of 2014, Nancy Bergerson

Policy Analysis

Senator Harkin (D-IA), Senator Murphy (D-CT), Senator Baldwin (D-WI), and Senator Hirono (D-HI) introduced the Keeping All Students Safe Act (S.2036) in the Senate on Feb. 24, 2014. Rep. Miller (D-CA) introduced H.R. 1893 on May 9, 2013. The Act would produce limitations for the use of restraints in public and private schools. Currently, 19 states have no policies in place to address this issue. The law would require better training, monitoring and enforcement of these standards, as well as the collection of related data which would be available to the public. We are asking you to co-sponsor the Keeping …