Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (14)
- Fordham Law School (13)
- University of Michigan Law School (4)
- William & Mary Law School (4)
- Notre Dame Law School (3)
-
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
- Pace University (2)
- University at Buffalo School of Law (2)
- University of Pittsburgh School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Florida A&M University College of Law (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Nova Southeastern University (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Massachusetts School of Law (1)
- University of Miami Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of San Diego (1)
- University of Tulsa College of Law (1)
- University of Washington School of Law (1)
- Western New England University School of Law (1)
- Keyword
-
- Education (8)
- Diversity (4)
- Higher education (4)
- Title IX (4)
- Discrimination (3)
-
- Education Law (3)
- Sexual harassment (3)
- Special education (3)
- Students (3)
- Admissions (2)
- Affirmative action (2)
- Church and State (2)
- Civil rights (2)
- Colleges and universities (2)
- Educational Vouchers (2)
- Equity (2)
- First Amendment (2)
- Gender (2)
- Gender equity (2)
- Law schools (2)
- Race and law (2)
- Religion (2)
- Schools (2)
- Technology (2)
- United States Supreme Court (2)
- W&M Faculty (2)
- Academic support (1)
- Acecess rights (1)
- Adarand Constructors Inc. v. Pena (1)
- Adequacy (1)
- Publication
-
- Brigham Young University Education and Law Journal (12)
- Fordham Urban Law Journal (12)
- Articles (4)
- Faculty Scholarship (3)
- Journal Articles (3)
-
- Elisabeth Haub School of Law Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Michigan Journal of Race and Law (2)
- Publications (2)
- Villanova Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- William & Mary Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- American University Law Review (1)
- Articles by Maurer Faculty (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Buffalo Law Review (1)
- Buffalo Public Interest Law Journal (1)
- Faculty Publications (1)
- Faculty Works (1)
- Journal Publications (1)
- Kentucky Law Journal (1)
- Michigan Law Review (1)
- San Diego Law Review (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Stephen D Sugarman (1)
- UIC Law Review (1)
- Publication Type
Articles 31 - 60 of 71
Full-Text Articles in Law
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 …
The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio
The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio
Faculty Scholarship
This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani
Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
Journal Articles
On March 6, 2007, the College of William & Mary announced a “compromise” solution to its polite civil war over the historic Wren Chapel. In a joint statement with President Gene Nichol, the Board of Visitors declared that permanent display of the Christian cross within the Chapel would resume. The cross would be moved, however, from its former place at center stage on the Chapel altar. Accompanying the elocated display would be a plaque “explaining the College's Anglican roots.” The compromise further provided that, when needed during certain worship services, the cross could be moved back to the altar. When …
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Journal Articles
Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.
First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.
Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …
Proposition 209 And School Desegregation Programs In California
Proposition 209 And School Desegregation Programs In California
San Diego Law Review
On November 5, 1996, California voters struck a severe blow to affirmative action by approving Proposition 209 as an amendment to the California Constitution.' Embodied as article I, section 31, the primary thrust of the initiative provides that "[t]he state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."2 While seemingly straightforward, section 31, like other constitutional imperatives or prohibitions, may be easier to enunciate as a legal principal than it is to apply …
Transforming Education: The Lesson From Argentina, Anne P. Dupre
Transforming Education: The Lesson From Argentina, Anne P. Dupre
Vanderbilt Journal of Transnational Law
This Article traces education reforms in Argentina from the colonial period to the present. Specifically, the Article focuses on La Ley Federal de Educacion, passed in 1993, which sought to reform primary and secondary education throughout Argentina by promoting educational equity through a just distribution of educational services and opportunity.
The Article begins with a description of the current Argentine federal republic and the relationship of the federal government and the provinces. Next, the Article describes the development of the Argentine education system.
It continues by explaining the backdrop of the adoption of Ley Federal. The Author describes the act's …
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Scholarly Articles
No abstract provided.
If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer
Publications
No abstract provided.
Beyond The Blackboard: Regulating Distance Learning In Higher Education, Leslie T. Thornton
Beyond The Blackboard: Regulating Distance Learning In Higher Education, Leslie T. Thornton
Vanderbilt Journal of Entertainment & Technology Law
It is not so surprising that traditional institutions of higher education have been relatively slower than businesses, for example, to embrace the potential of the new technologies, and have lost students to those institutions and businesses which have been more willing to change. But technology is playing an enormous role in the shape, size, and direction of education, and it's not waiting for the leaders of traditional institutions--or anyone else, for that matter--to join the club.
This Article examines the scope and impact of that role, specifically as it has developed through a new trend toward online "distance education" or …
Campaign For Fiscal Equity V. State: A Template For Education Transformation In New York, Andrew A. Washburn
Campaign For Fiscal Equity V. State: A Template For Education Transformation In New York, Andrew A. Washburn
Buffalo Law Review
No abstract provided.
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 …
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Faculty Scholarship
Written examinations play a key role in legal education. The LSAT is the most important factor in law school admissions. Once students enroll in law school, exams are used to evaluate and sort first year students. At most American law schools, a single, end of semester or end of year, timed, written, in class exam determines the grade in each first year class.' Although exams continue to play a major role throughout law school, once students are sorted at the end of first year it is often difficult for them to significantly change their place in the law school hierarchy. …
Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile
Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile
Journal Articles
In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.
For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Faculty Works
The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.
The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …
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.
Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley
Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley
UIC Law Review
No abstract provided.
Accommodating The Learning Disabled Student On Campus, Oren R. Griffin
Accommodating The Learning Disabled Student On Campus, Oren R. Griffin
Articles, Chapters in Books and Other Contributions to Scholarly Works
Each year nearly 19 million persons matriculate at American colleges and universities as undergraduate or graduate students. A substantial segment of these students are disabled. For disabled students matriculating through American higher education institutions, a tremendous battle is being waged as to the educational experience afforded those students with learning disabilities." Lawyers, educators and students are embroiled in a complex tug-of war that will have a lasting impact on higher education. This article examines some of the legal issues that will undoubtedly challenge those seeking to strike a balance between hard-line advocates for disabled students and educational professionals required to …
"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves
"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves
Journal Publications
This Article analyzes the view that to be taken seriously as an athlete, women must replicate the behaviors prevalent in male-dominated sports. The Article focuses on sports in the educational context as an important opportunity for legal intervention. Because the law involves the allocation of resources and the policing of behavior by the government, this discussion prompts us to ask how resources should be allocated and what kinds of behavior should be encouraged and discouraged in promoting gender equity. In particular, the analysis of sports within educational programs offers an opportunity for a critical examination of current models of athletic …
Academic Freedom Of Part-Time Faculty, J. Peter Byrne
Academic Freedom Of Part-Time Faculty, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Everyone assumes that part-time faculty should enjoy a full measure of academic freedom. The American Association of University Professors (AAUP) has consistently argued for it. Martin Michaelson's draft "Academic Freedom Policy and Procedures," a touchstone for this symposium, accords academic freedom through contract to full-time and part-time faculty without distinction. A recent article in the Chronicle of Higher Education raised the alarm that "To Many Adjunct Professors, Academic Freedom Is a Myth;" nowhere did it question the normative claim that an adjunct should enjoy complete academic freedom.
Diversity Efforts In Independent Schools, Michael Brosnan
Diversity Efforts In Independent Schools, Michael Brosnan
Fordham Urban Law Journal
When it comes to diversity, many high-end institutions--including those in education, politics, and media--have been slow to change and reluctant to promote people who do not fit a certain profile. They are cautious institutions reflecting the broader culture of power. Independent schools are wrestling with the same concerns as law firms. They are trying to diversify their teaching staffs and student bodies, but are having limited success. Diversifying a school with a tradition of being predominantly white (and sometimes predominantly Christian) requires work on many fronts. Any effort to hire teachers of color, to be successful, must coincide with steps …
The Diversity Dialogues In Higher Education, John H. Bunzel
The Diversity Dialogues In Higher Education, John H. Bunzel
Fordham Urban Law Journal
It is hard to be an enemy of diversity. Most Americans recognize diversity as one of the nation’s proudest attributes. Beyond that, however, there is confusion over the term’s meaning. No matter how often people say the word, or how strongly they believe in it, they continue to ignore the way diversity has become an all-embracing concept. The term “diversity” has become a code word that fails to define precisely what it allegedly exalts and what exactly is to be accomplished by those who extol its virtues. The elasticity of the term “diversity” has masked many kinds of questionable conduct. …
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D
Fordham Urban Law Journal
In 1975, Congress passed the Education for All Handicapped Children Act. Since 1975, Congress has amended the statute several times. One of those amendments, enacted in 1990, gave the law a new name: the Individuals with Disabilities Education Act (“IDEA”). The law, as initially enacted and amended, was silent on the subject of discipline. In 1997, Congress passed the most comprehensive amendments to the IDEA to date. The amendments included provisions on the discipline of students with disabilities. Many of those provisions simply codified existing case law; others, however, helped clarify formerly opaque areas. This article will analyze the requirements …
Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes
Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes
Fordham Urban Law Journal
Public education was intended to give students a broad perspective to prepare them for living in a complex, diverse society. This article will examine a relatively recent development in public education: alternative education programs (AEPs). Using Texas public schools as a case study, this article argues that AEPs defeat public education’s goal of exposing students to a diverse student body. This is because AEPs segregate at-risk students-- usually Latinos, African Americans, Native Americans, and poor Whites--from the rest of the student population. This article deals with disciplinary AEPS, also known as DAEPs. Part I of the article will explore the …
Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton
Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton
Fordham Urban Law Journal
The past decade has witnessed a remarkable resurgence of interest in all-girls’ education. Following the enactment of Title IX in 1972, the number of single-sex schools declined. By the mid 1990s, only two public girls’ schools remained. What, then, explains the remarkable renaissance that has occurred in just over a decade’s time? What has led to the renewal of interest in girls’ schools? How does an all-girls education differ from a co-educational education? The answers to these questions can be found in a series of interrelated developments in educational theory, gender research, and the link between brain function and the …
Defending All-Male Education: A New Cultural Moment For A Renewed Debate, Stephen H. Webb
Defending All-Male Education: A New Cultural Moment For A Renewed Debate, Stephen H. Webb
Fordham Urban Law Journal
Although all-female schools still prosper and are defended by members of the academic elite, an all-male college has become a near-extinct species. Many people are surprised such a creature still exists. All-male colleges strike many as vestiges of male privilege. They evoke the traditional bastions of power that precluded women from advancing in public life. Single-sex education is not for everyone, but if our educational system is to be truly pluralistic, such an education should be an option. Single-sex education for both genders can be a constructive way to address problems plaguing not only education but the culture as a …