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Articles 1 - 30 of 134
Full-Text Articles in Law
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
West Virginia Law Review
No abstract provided.
Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik
Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik
West Virginia Law Review
No abstract provided.
The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk
The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk
Pace Law Review
This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay
University of Richmond Law Review
No abstract provided.
Presidential Control Across Policymaking Tools, Catherine Y. Kim
Presidential Control Across Policymaking Tools, Catherine Y. Kim
Florida State University Law Review
Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power. The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Agencies, however, typically have at their disposal a variety of policymaking tools with which to implement White House goals, including the issuance of guidance documents and the strategic exercise of enforcement discretion. While commentators have drawn attention to the risk that agencies will circumvent the extensive checks associated with rulemaking …
A Legal Lens: Brexit, Access, And Equity In The United Kingdom And The United States, Kerry B. Melear
A Legal Lens: Brexit, Access, And Equity In The United Kingdom And The United States, Kerry B. Melear
Journal of Contemporary Research in Education
Guest Column
With All Deliberate Speed: Brown V. Board Of Education, Julian Bond
With All Deliberate Speed: Brown V. Board Of Education, Julian Bond
Indiana Law Journal
Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.
Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar
Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar
University of Miami Law Review
“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy …
Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae
Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae
Michigan Journal of Race and Law
On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …
Asleep At The School-Bus Wheel: The Success And Failure Of School Desegregation In San Jose Unified School District And How To Save It, Richard Miyasaki
Asleep At The School-Bus Wheel: The Success And Failure Of School Desegregation In San Jose Unified School District And How To Save It, Richard Miyasaki
Golden Gate University Law Review
This Comment will examine the history of school desegregation in San Jose, how the law bears upon those orders and any possible future plans, whether San Jose will likely again face allegations of operating segregated schools, and how the school authorities or courts may find a more lasting solution. Specifically, it will examine the impact of desegregation in the District’s high schools and possible solutions. Although no simple solutions are present, it is my hope that this Comment may both bring attention to this issue and offer areas for further exploration in attempting to deal with segregated schools today.
Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson
Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson
Michigan Journal of Race and Law
Great Society reformers targeted poverty as the defining characteristic for a novel federal education policy in the United States in 1965. Title I of the Elementary and Secondary Education Act (ESEA), reincarnated within the No Child Left Behind Act of 2001, distributes financial aid to disadvantaged students within public schools solely based upon students’ socioeconomic status. This Article does not dispute that financial resources improve student outcomes, but this Article argues that Title I’s funding formula is ineffective, and a new funding scheme – specifically, a mainstreaming equality funding scheme – must replace it. The implementation of this funding scheme …
New State Laws Reflect The Rethinking Of Excessive Mandated Standardized Testing In America's Public Schools, Renalia Smith Dubose
New State Laws Reflect The Rethinking Of Excessive Mandated Standardized Testing In America's Public Schools, Renalia Smith Dubose
Florida A & M University Law Review
The largest standardized testing cheating scandal in American history has caused many to question the practice of excessive standardized testing in America’s public education system. In the spring of 2013, thirty-five educators in Atlanta, Georgia, including the former superintendent, principals, teachers, and testing coordinators were indicted for cheating on statewide-standardized tests. The situation in Atlanta, Fulton County, Georgia, triggered a conversation about excessive mandated standardized testing in America’s public schools and caused public outcry against the negative impact of standardized testing. As a result, new state laws are being passed throughout the United States to not only end the rapid …
House Bill 1219: A Study, Paul M. Scott
House Bill 1219: A Study, Paul M. Scott
Akron Law Review
Because H.B. 1219 does raise certain constitutional questions which will soon come before the courts, and because of its potential impact on higher education in Ohio, a complete study of it is in order. This Comment seeks to do that by analysis of the background events leading up to the bill's introduction, its legislative history, a summary and explanation of the act's important provisions, an analysis of potential constitutional infirmities in view of current court decisions, and a discussion of relevant policy considerations. The purpose of this Comment is not to assess the wisdom or desirability of the statute, but …
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
Akron Law Review
It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.
A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham
A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham
Akron Law Review
This paper will deal with the meaning of equality in legal discourse and the social context which underlies that meaning.
Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley
Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley
Brigham Young University Education and Law Journal
No abstract provided.
For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse
For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse
Brigham Young University Education and Law Journal
No abstract provided.
Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell
Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell
Brigham Young University Education and Law Journal
No abstract provided.
The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt
The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt
Brigham Young University Education and Law Journal
No abstract provided.
Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold
Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold
Brigham Young University Education and Law Journal
No abstract provided.
A Need For Reform — In The Wake Of The Penn State Scandal: In Higher Education And K–12 Schools, Victoria Carlton
A Need For Reform — In The Wake Of The Penn State Scandal: In Higher Education And K–12 Schools, Victoria Carlton
Brigham Young University Education and Law Journal
No abstract provided.
The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt
The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt
Buffalo Law Review
No abstract provided.
Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern
Brigham Young University Education and Law Journal
No abstract provided.
Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri
Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri
Brigham Young University Education and Law Journal
No abstract provided.
Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan
Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan
Brigham Young University Education and Law Journal
No abstract provided.
Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo
Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
School Finance Reforms For Ohio, Linda L. Robison, Loi Yoder
School Finance Reforms For Ohio, Linda L. Robison, Loi Yoder
Akron Law Review
This comment will first examine the legal rationale of the leading court decisions concerned with the constitutionality of educational funding programs. Secondly, the advantages and disadvantages of current funding programs, as well as Ohio's present program, will be discussed. An analysis of the guidelines set by the Ohio courts, and a discussion of what is wrong with Ohio's current plan will follow. Finally, proposals for solving Ohio's problems will be offered.
Minimum Competency Testing - Redundancy Or Necessity? An Analysis Of The Educational And Legal Issues, Dianne L. Goss
Minimum Competency Testing - Redundancy Or Necessity? An Analysis Of The Educational And Legal Issues, Dianne L. Goss
Akron Law Review
This article will discuss the pros and cons of the movement, first from an educational viewpoint, then from a legal perspective, touching on some current state plans and programs and offering suggestions and conclusions.
Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo
Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo
Akron Law Review
In the American democratic system, it is not uncommon for small, publicly-elected bodies to control the workings of societal institutions. These bodies may be federal, state or local in realm and function, and are usually given wide discretion. But who is it that controls the actions of these bodies This question is paramount to the myriad of recent cases involving the removal of books from secondary school libraries. The body involved is the local school board - an elected unit charged with the duty of managing school affairs. In that process of management, however, local school boards are apparently not …
Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks
Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks
Akron Law Review
Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?