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1996

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Articles 1 - 30 of 56

Full-Text Articles in Law

Should Students Have Constitutional Rights? Keeping Order In The Public Schools, Anne Proffitt Dupre Nov 1996

Should Students Have Constitutional Rights? Keeping Order In The Public Schools, Anne Proffitt Dupre

Scholarly Works

This Article focuses on how the Supreme Court's conception of the public school as either an institution of social reproduction or reconstruction, a conflict Professor Dupre maintains is deeply rooted in intellectual history, has affected the power that public schools have been afforded in matters of discipline and order. Professor Dupre argues that the Court -- by allowing the reconstruction model to influence its opinion for almost thirty years -- paved the way for the decline in school order and educational quality. Although Professor Dupre contends that the Court's recent repudiation of the reconstruction model in Vernonia School District 47J …


The Individuals With Disabilities Education Act, Sharon C. Streett Oct 1996

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.


Can Affirmative Action Survive In Education, Shawna A. Early Oct 1996

Can Affirmative Action Survive In Education, Shawna A. Early

North Carolina Central Law Review

No abstract provided.


Is Random Suspicionless Drug Testing In The Schools Reasonable - An Analysis Of Vernonia School District 47j V. Acton, Katharine J.M. Chester Oct 1996

Is Random Suspicionless Drug Testing In The Schools Reasonable - An Analysis Of Vernonia School District 47j V. Acton, Katharine J.M. Chester

North Carolina Central Law Review

No abstract provided.


Affirmative Action In Higher Education: Lessons And Directions From The Supreme Court, Krista L. Cosner Oct 1996

Affirmative Action In Higher Education: Lessons And Directions From The Supreme Court, Krista L. Cosner

Indiana Law Journal

No abstract provided.


Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan Sep 1996

Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan

BYU Law Review

No abstract provided.


An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy Sep 1996

An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy

West Virginia Law Review

No abstract provided.


Compulsory Education In Maine : A Brief History 1821 To 1996, Maine Department Of Education Jul 1996

Compulsory Education In Maine : A Brief History 1821 To 1996, Maine Department Of Education

Maine Collection

Compulsory Education in Maine : A Brief History 1821 to 1996

Edited from Department Documents from 1985 by Frank J. Antonucci, Jr., Consultant Truancy, Dropout, and Alternative Education. Maine Department of Education, (July 1996).

Printed under appropriation number 014-05A-7156-01


The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook Jul 1996

The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook

Indiana Law Journal

No abstract provided.


Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph Jul 1996

Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph

Washington Law Review

It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered …


Florence County School District Four V. Carter: A Good "Idea"; Suggestions For Implementing The Carter Decision And Improving The Individuals With Disabilities Education Act , Heather J. Russell Jun 1996

Florence County School District Four V. Carter: A Good "Idea"; Suggestions For Implementing The Carter Decision And Improving The Individuals With Disabilities Education Act , Heather J. Russell

American University Law Review

No abstract provided.


Public School Desegregation In Virginia During The Post-Brown Decade, Carl Tobias Jun 1996

Public School Desegregation In Virginia During The Post-Brown Decade, Carl Tobias

William & Mary Law Review

No abstract provided.


A Feminist Revisit To The First-Year Curriculum, Anita Bernstein Jun 1996

A Feminist Revisit To The First-Year Curriculum, Anita Bernstein

Faculty Scholarship

No abstract provided.


Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel Apr 1996

Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel

Indiana Law Journal

No abstract provided.


At Loggerheads: The Supreme Court And Racial Equality Inpublic School Education After Missouri V. Jenkins, Roberta M. Harding Apr 1996

At Loggerheads: The Supreme Court And Racial Equality Inpublic School Education After Missouri V. Jenkins, Roberta M. Harding

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald Apr 1996

The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard Apr 1996

Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard

Dalhousie Law Journal

Educators in Canada have recently identified that incidents of sexual harassment between students occur daily in our junior high and high schools. Sexual harassment seriously affects a student's emotional and physical well-being and negatively affects her opportunity to receive an equal education. In this article, the author examines the existing legal remedies available to a student victim of sexual harassment and concludes that student sexual harassment is best dealt with through education and preventative measures taken by school boards.


At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding Apr 1996

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …


Disciplining Students With Disabilities: Problems Under The Individuals With Disabilities Education Act, Gail Jensen Mar 1996

Disciplining Students With Disabilities: Problems Under The Individuals With Disabilities Education Act, Gail Jensen

Brigham Young University Education and Law Journal

No abstract provided.


The King Can Do No Wrong, But Will He Do Right By Our School Children?, Michael A. Olsen Mar 1996

The King Can Do No Wrong, But Will He Do Right By Our School Children?, Michael A. Olsen

Brigham Young University Education and Law Journal

No abstract provided.


Ad Majorem Dei Gloriam: A Performance-Based Argument For Educational Tuition Vouchers, Ronald J. Tocchini Mar 1996

Ad Majorem Dei Gloriam: A Performance-Based Argument For Educational Tuition Vouchers, Ronald J. Tocchini

Brigham Young University Education and Law Journal

No abstract provided.


Religion In Our Public Schools: Has The Supreme Court's Treatment Of Religion Made Government Intervention In Education Unconstitutional?, Paul Waldron Mar 1996

Religion In Our Public Schools: Has The Supreme Court's Treatment Of Religion Made Government Intervention In Education Unconstitutional?, Paul Waldron

Brigham Young University Education and Law Journal

No abstract provided.


Options For Local School Districts Reviewing Local Governance And Moral Issues Raised By The Equal Access Act: The Gay-Straight Student Alliance In Utah, Matthew Hilton Mar 1996

Options For Local School Districts Reviewing Local Governance And Moral Issues Raised By The Equal Access Act: The Gay-Straight Student Alliance In Utah, Matthew Hilton

Brigham Young University Education and Law Journal

No abstract provided.


Related Services Under The Individuals With Disabilities Educational Act: Health Care Services For Students With Complex Health Care Needs, Ann Rozycki Mar 1996

Related Services Under The Individuals With Disabilities Educational Act: Health Care Services For Students With Complex Health Care Needs, Ann Rozycki

Brigham Young University Education and Law Journal

No abstract provided.


Rosenberger V. Rector & Visitors Of The University Of Virginia: Free Speech Clause And Establishment Clause Doctrines Work Together To Protect Individual Thought And Expression, Elizabeth M. Wheeler Mar 1996

Rosenberger V. Rector & Visitors Of The University Of Virginia: Free Speech Clause And Establishment Clause Doctrines Work Together To Protect Individual Thought And Expression, Elizabeth M. Wheeler

Mercer Law Review

In Rosenberger v. Rector & Visitors of the University of Virginia, the United States Supreme Court evaluated the constitutionality of a state university's refusal to fund a student group's activity based solely on the group's Christian perspective. Respondent, the University of Virginia, regularly authorizes the payment of the printing bills for various student publications. Upon authorization, the University pays outside printing contractors directly with money from the Student Activities Fund ("SAF), which is supported by mandatory student fees. The purpose of the SAF is to make available to students a wide range of opportunities by supporting extracurricular activities that …


The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg Mar 1996

The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg

Washington and Lee Law Review

No abstract provided.


Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson Feb 1996

Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson

All Faculty Scholarship

Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.

The most notable example of a professor who stood …


Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams Jan 1996

Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams

Faculty Articles and Other Publications

Reports on the decision of the United States Supreme Court in Davis v. Monroe Board of Education which dealt with student-on-student sexual harassment.


When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams Jan 1996

When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams

Faculty Articles and Other Publications

This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.


The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin Jan 1996

The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin

Faculty Scholarship

No abstract provided.