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Articles 1 - 30 of 112
Full-Text Articles in Law
Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz
Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz
Washington Law Review
Many copyrightable works of university faculty members may be works-for-hire as defined under current U.S. copyright laws. Copyrights in works-for-hire are treated differently than copyrights in other works with respect to ownership, duration, termination rights, and requirements for transfer. Ambiguity over whether a specific faculty-created work is a work-for-hire creates legal uncertainties and potential future litigation about the initial ownership of the copyright, length of the copyright term, and termination rights which could impact all future transfers and licensing. Many universities have attempted to define ownership of faculty-created works through university policies. These policies are ineffective to alter the presumption …
Pitting Our Youth Against Each Other: Moving School Harassment And Bullying Policy From A Zero Tolerance Discipline To Safe School Environment Framework, Khin Mai Aung
UC Irvine Law Review
No abstract provided.
How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller
How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.
Off Sunset Boulevard: Students, Homelessness And Disability In Los Angeles- Idea, Mckinney Vento And The Void In Between, Remy Krumpak
Off Sunset Boulevard: Students, Homelessness And Disability In Los Angeles- Idea, Mckinney Vento And The Void In Between, Remy Krumpak
LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University
Homeless youth with a disability must overcome many barriers to receive the meaningful, individualized education they are legally entitled to. Over the last two decades, the Individuals with Disabilities Education Act and the McKinney-Vento Act have begun to acknowledge the challenges that exist for this population. These laws require school districts to identify homeless youth with a disability, allow them immediate enrollment and access to special education services, and free transportation to school. This article examines the Los Angeles Unified School District as a case study for policy implementation. In analyzing the success of the policies as implemented, this article …
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Seattle University Law Review
Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
This article presents a survey of the significant developments in the area of K-12 education law in Virginia from 2012 to the present. After two of the most active legislative and judicial sessions for education policy in recent years, this review can present only a select number of the many education-related statutes and judicial decisions introduced during this time. This survey places a special emphasis on the Virginia General Assembly's recent legislative updates to the Virginia education code. The volume and significance of these updates reflects Governor Robert McDonnell's commitment in 2013 to pursuing a bold education agenda. As Congress …
Tinker-Ing With Speech Categories: Solving The Off-Campus Student Speech Problem With A Categorical Approach And A Comprehensive Framework, Scott Dranoff
William & Mary Law Review
No abstract provided.
When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson
When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson
Touro Law Review
This comment focuses on a growing trend in today's schools: requiring drug tests. A focus is given both to the judiciary's role in this matter and the Legislature's passage of New York Education Law section 912-a, 10 which regulates student drug testing and urine analysis.
Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep, Nikki L. Cox
Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep, Nikki L. Cox
University of Arkansas at Little Rock Law Review
No abstract provided.
Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby
University of Arkansas at Little Rock Law Review
No abstract provided.
It's Time To Start Showing A Little Restraint: In Search Of A Compromise On Federal Seclusion And Restraint Legislation, Cali Cope-Kasten
It's Time To Start Showing A Little Restraint: In Search Of A Compromise On Federal Seclusion And Restraint Legislation, Cali Cope-Kasten
University of Michigan Journal of Law Reform
In 2009, the United States House of Representatives heard testimony that hundreds of students had been injured in schools by teachers secluding or physically restraining them. Congress had never legislated on seclusion and restraint, but the alarming allegations of student injuries and deaths prompted many parents to demand a ban on the use of the techniques in schools. In the continuing debate, school officials have protested that seclusion and restraint are important tools for teachers to protect their classrooms from out-of-control students. Torn between these two extreme positions, Congress has twice attempted — but failed — to pass federal legislation …
A Timely Proposal To Eliminate The Student Loan Interest Deduction, Victoria J. Haneman
A Timely Proposal To Eliminate The Student Loan Interest Deduction, Victoria J. Haneman
Nevada Law Journal
No abstract provided.
The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater
The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater
Washington and Lee Law Review
No abstract provided.
The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson
The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson
Washington and Lee Law Review
No abstract provided.
A Legal Lens, Kerry B. Melear
A Legal Lens, Kerry B. Melear
Journal of Contemporary Research in Education
Guest column
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
University of Arkansas at Little Rock Law Review
No abstract provided.
Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders
Indiana Journal of Law and Social Equality
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
Seattle University Law Review
Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …
The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen
The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen
Pepperdine Law Review
No abstract provided.
Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan
Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan
Pepperdine Law Review
No abstract provided.
To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West
To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West
Pepperdine Law Review
No abstract provided.
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Pepperdine Law Review
No abstract provided.
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Pepperdine Law Review
No abstract provided.
In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson
In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson
University of Richmond Law Review
No abstract provided.
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber
Journal of the National Association of Administrative Law Judiciary
Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …
The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix
The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix
Journal of the National Association of Administrative Law Judiciary
No abstract provided.