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Articles 1 - 30 of 70
Full-Text Articles in Law
The Death Of Section 504, Ruth Colker
The Death Of Section 504, Ruth Colker
University of Michigan Journal of Law Reform
This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, …
Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner
Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner
American University Law Review
No abstract provided.
The Crack In Justice Scalia's Crystal Ball: Single-Sex Charter Schools May Prove His Prediction In Vmi Was Wrong, Sarah Kinsman
The Crack In Justice Scalia's Crystal Ball: Single-Sex Charter Schools May Prove His Prediction In Vmi Was Wrong, Sarah Kinsman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Defunis V. Odegaard, 416 U.S. 312 (1974): A Case Study Of The Interface Between Cultural Development, Judicial Politics And Litigation Strategy, Marc A. Perrone
Defunis V. Odegaard, 416 U.S. 312 (1974): A Case Study Of The Interface Between Cultural Development, Judicial Politics And Litigation Strategy, Marc A. Perrone
Buffalo Public Interest Law Journal
No abstract provided.
The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew
BYU Law Review
No abstract provided.
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Michigan Law Review
Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …
Arkansas Civil Rights Act - School Districts' Liability For Peer Abuse: Arkansas Supreme Court Holds School Districts Have No Duty To Protect Students From Each Other. Rudd V. Pulaski County Special School District, 341 Ark. 794, 20 S.W.3d 310 (2000)., Kimberly Miller
University of Arkansas at Little Rock Law Review
No abstract provided.
Can Students Sue When Schools Don't Make The Grade? The Washington Assessment Of Student Learning And Educational Malpractice, Rebecca R. Glasgow
Can Students Sue When Schools Don't Make The Grade? The Washington Assessment Of Student Learning And Educational Malpractice, Rebecca R. Glasgow
Washington Law Review
Washington's Academic Achievement and Accountability Statute (AAA Statute) creates a statewide system of school accountability. It also requires that all students pass the tenth-grade level of the Washington Assessment of Student Learning standardized test (WASL) to receive a diploma. Unfortunately, when this graduation requirement takes effect in 2008, many students will not receive diplomas because they will be unable to pass the WASL before graduation. Some of these students will have met all local graduation requirements, so the only graduation requirement they will not be able to meet will be the statewide requirement that they pass the WASL. Their WASL …
If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Improving The Teachings Of School Law: A Call For Dialogue, Suzanne R. Painter
Improving The Teachings Of School Law: A Call For Dialogue, Suzanne R. Painter
Brigham Young University Education and Law Journal
No abstract provided.
How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen
How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen
Brigham Young University Education and Law Journal
No abstract provided.
Digital Music: Educational Issues, John Faust
Digital Music: Educational Issues, John Faust
Brigham Young University Education and Law Journal
No abstract provided.
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
Brigham Young University Education and Law Journal
No abstract provided.
"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower
"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower
Brigham Young University Education and Law Journal
No abstract provided.
Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell
Brigham Young University Education and Law Journal
No abstract provided.
The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley
The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden
In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden
Brigham Young University Education and Law Journal
No abstract provided.
The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri
The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri
Brigham Young University Education and Law Journal
No abstract provided.
Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan
Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan
Brigham Young University Education and Law Journal
No abstract provided.
Keeping Promises: An Examination Of Charter Schools' Vulnerability To Claims For Educational Liability, Julie F. Mead, Preston C. Green Iii
Keeping Promises: An Examination Of Charter Schools' Vulnerability To Claims For Educational Liability, Julie F. Mead, Preston C. Green Iii
Brigham Young University Education and Law Journal
No abstract provided.
Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii
Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii
Brigham Young University Education and Law Journal
No abstract provided.
School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer
School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer
William & Mary Law Review
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Social Meaning And School Vouchers, Neal Devins
William & Mary Law Review
No abstract provided.
Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik
Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik
Brigham Young University Journal of Public Law
No abstract provided.
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Faculty Publications
Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …
When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum
When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum
Publications
In this article, I explore ways in which parents of children with disabilities can more effectively participate in educational decisionmaking and oversight. I begin by describing the federal special education statute, the IDEA (Individuals with Disabilities Education Act), as a set of procedural safeguards that are intended to result in meaningful educational benefit. IDEA's cornerstone is the individualized education program (IEP) for each child. The IEP, negotiated between school authorities and the child's family, is often an arduous and stressful process.
I first note the limitations of using litigation against local school districts as a tool to achieve aggregate or …
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr
Michigan Journal of Race and Law
Part I of this essay sets out in detail the direct measures affirmative action program. This section also compares the program to other alternative affirmative action program experiments undertaken by various educational institutions. Parts II and III discuss the constitutionality of a direct measures program.
A General Theory Of Cultural Diversity, Steven A. Ramirez
A General Theory Of Cultural Diversity, Steven A. Ramirez
Michigan Journal of Race and Law
This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …
The Academic Support Student In The Year 2010, Leslie Yalof Garfield
The Academic Support Student In The Year 2010, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
Academic support professionals have long recognized the benefits of imparting a greater knowledge of learning skills to law students as a way to enhance their ability to learn the law. Consequently, the science and pedagogy of academic support have become a staple of legal education. However, while the need for academic support remains a constant, the identification of those in need of academic support programs continues to be in flux. Growing social awareness of an expanded definition of diversity, recent decisions such as Hopwood v. Texas and the proliferation of academic support programs have expanded the definition of the academic …