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Articles 31 - 60 of 231
Full-Text Articles in Law
Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman
Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman
Floralynn Einesman
The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses …
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Michigan Journal of Gender & Law
The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …
Alcohol And Substance Abuse In Higher Education: Suggestions For Student Affairs Professionals, Emma Charpentier, Andrew L. Cullen, Bryan Hamann, Samantha Mallory
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
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.
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski
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 …
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Faculty Publications
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 …
Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo
Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo
Villanova Law Review
No abstract provided.
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Faculty Scholarship
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.
In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto
Villanova Law Review
No abstract provided.
Next Generation Science Standards, Sarah C. Mckenzie, Gary W. Ritter
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.
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Georgia Journal of International & Comparative Law
No abstract provided.
Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan
Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan
Georgia Journal of International & Comparative Law
No abstract provided.
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Zorka Karanxha
Executive Overview • This article determines the frequency and outcomes of published court decisions under the IDEA for students from pre-K through grade 12, starting in January 1998 and ending in October 2012. • The frequency of these decisions trended upward during the 15-year period, particularly during the most recent five-year interval. • The conclusive outcomes favored districts on a 3:1 basis both overall and on relatively consistent longitudinal basis; however, the intermediate outcomes partially ameliorated this pronounced pro-district tendency. • The Second Circuit region (New York, Vermont, and Connecticut) had the highest volume of cases, and the Tenth Circuit …
Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare
Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare
Law Faculty Advocacy
This appeal, to be decided by the United States Court of Appeals for the 11th Circuit, challenges two egregious misuses of "value-added modeling," a controversial teacher evaluation method that attempts to isolate the affect of one teacher on the learning gains of that teacher's students, as derived from annual standardized test scores. With the approval of the State Appellees, the School District Appellees used the test scores of students who took the Florida Comprehensive Assessment Test in reading and math to evaluate the teaching performance of teachers who either did not teach these students at all, or did not teach …
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Georgia Journal of International & Comparative Law
No abstract provided.
Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska
Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska
Pace Law Review
In Part I, this Article briefly describes some aspects of white immigrants’ educational experience (including extracurricular involvement and parental roles), exposing how it reflects immigrants’ lack of access to the cultural capital of native-born whites. The Article exposes some unique challenges faced by Caucasian immigrants in high school, during the college application process, and in taking advantage of college opportunities that amplify social benefits. These experiences are contrasted with those of American-born students who benefit from their families’ access to social capital that enables them to take advantage of its replication in college.
Part II addresses how some of the …
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
Georgia Journal of International & Comparative Law
No abstract provided.
Race-Based Preferences And The Supreme Court, Charles J. Russo
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.
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
Washington and Lee Law Review
In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …
Schools Of Innovation, Sarah C. Mckenzie, Gary W. Ritter
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
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)
Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel
Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel
Journal of Undergraduate Research at Minnesota State University, Mankato
The study compares Illinois’ and Minnesota’s education fiscal policies. Illinois funds it’s education system mainly from the local level, whereas Minnesota funds it’s mainly from the state level. Thus, in Illinois, if there are discrepancies between household incomes in wealthier and poorer areas, the schools in wealthier areas would receive more money than those in poorer areas. Test scores are then compared. Illinois typically has lower scores than Minnesota. The conclusion is that Illinois’ policies are hindering their students’ learning, compared to Minnesota students, with some mixed results.
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh
Kerry L Macintosh
Fertility in women declines significantly at age thirty-two and takes a sharp downward turn at age thirty-seven. Miscarriages also increase with age. In vitro fertilization cannot reverse the effects of aging, and embryo screening, egg freezing, and egg donation are imperfect solutions.
Unfortunately, many women fail to grasp these facts until it is too late. Various factors are to blame, including physicians who shy away from the topic of age-related fertility decline, persistent messaging about the need for pregnancy prevention (implying that conception is easy), and media accounts of celebrities who are pregnant in their forties.
This Article argues that …
Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D.
Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Ph.D.
Dr. Sharlette A. Kellum-Gilbert
Consciously or subconsciously, educators are funneling our children from schools to prisons. Moreover, they’re uploading African American and Hispanic children into the system at a number that is measurably out of proportion to their White counterparts. Ticketing students for minor behavior infractions and labeling them as “alternative” often causes them to act out alternatively. Becker (1963) believes that those who create rules and labels for others that do not follow those rules are actually responsible for creating deviance. Ultimately, when students are hastily ticketed and charged when they act out, it’s much easier for them to drop out of school …
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
David D. Butler
Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.
Negligence, Student Supervision, And School Business Officials, Charles J. Russo
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 …
The Intersection Of Family Law And Education Law, Debra Chopp
The Intersection Of Family Law And Education Law, Debra Chopp
Articles
It is well-established that parents have a fundamental liberty interest in directing the education of their children. As family law practitioners know, however, parents do not always agree with each other on matters pertaining to their child's education. Where education issues arise in family law cases, it is important for members of the family law bar to have familiarity with education laws so that they may properly advise their clients. This article will identify and briefly discuss common intersections of family law and education law.
The Quixotic Search For Race-Neutral Alternatives, Michael E. Rosman
The Quixotic Search For Race-Neutral Alternatives, Michael E. Rosman
University of Michigan Journal of Law Reform
The Supreme Court has stated that the narrow-tailoring inquiry of the Equal Protection Clause’s strict scrutiny analysis of racially disparate treatment by state actors requires courts to consider whether the defendant seriously considered race-neutral alternatives before adopting the race-conscious program at issue. This article briefly examines what that means in the context of race-conscious admissions programs at colleges and universities. Part I sets forth the basic concepts that the Supreme Court uses to analyze race-conscious decision-making by governmental actors and describes the role of “race-neutral alternatives” in that scheme. Part II examines the nature of “race-neutral alternatives” and identifies its …
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Law Faculty Scholarly Articles
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett
Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett
Journal Articles
We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …