Law Commons^™

Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon

Faculty Publications

No abstract provided.

Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard

Faculty Publications

Children in foster care encounter numerous obstacles to educational success. Among these is exclusion from school, the significance of which cannot be overstated. Multiple studies have revealed both anecdotal and statistical links between suspension and failure to graduate. Recognizing that children have protected interests in their education, in 1975 the United States Supreme Court established that students facing even short suspensions from school are entitled to due process. Children in foster care, however, are rarely in a position to ensure that their due process rights, including the right not to be excluded from school arbitrarily, are protected adequately. Given the …

Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams

Faculty Publications

The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference with school …

Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

The Common School Before And After Brown: Democracy, Equality, And The Productivity Agenda, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, economic forces of global magnitude have placed the substance and value of education in the national spotlight. With jobs for college graduates in short supply, political pundits and news commentators have placed different estimates on the worth of a college degree and the continued utility of the liberal arts. Economists tie specific educational factors to future income. A high school diploma, we are told, can translate into an additional $300,000 in lifetime salary. A highly effective kindergarten teacher likewise carries a value-added benefit of $320,000, the additional income that a classroom of today’s students may earn …

The Curious Life Of In Loco Parentis At American Universities, Philip Lee

Faculty Publications

In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.