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Education Law

2011

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Articles 1 - 30 of 89

Full-Text Articles in Law

Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr Dec 2011

Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr

BYU Law Review

No abstract provided.


Special Education Year In Review: What's New Legally And So What For Us?, Lynwood E. Beekman Nov 2011

Special Education Year In Review: What's New Legally And So What For Us?, Lynwood E. Beekman

Touro Law Review

No abstract provided.


Defining Off-Campus Misconduct That "Impacts The Mission": A New Approach, J. Wes Kiplinger Sep 2011

Defining Off-Campus Misconduct That "Impacts The Mission": A New Approach, J. Wes Kiplinger

University of St. Thomas Law Journal

No abstract provided.


Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss Sep 2011

Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi Sep 2011

Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi

Washington and Lee Law Review

On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection ...


The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo Sep 2011

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Michigan Journal of Race and Law

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students ...


Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant Sep 2011

Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant

BYU Law Review

No abstract provided.


Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, Kerry L. Monroe Jul 2011

Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, Kerry L. Monroe

University of Michigan Journal of Law Reform

In early 2010, amidst a series of racially charged incidents on campus, the student government president at the University of California at San Diego revoked funding to all student media organizations in response to controversial speech on the student-run television station. It is well established that once the government has opened a forum, including a "metaphysical" forum constituted by government funding for private speech, it may not discriminate based on the viewpoints expressed within that forum. However, it has not been clearly established whether the government may close such a forum for a viewpoint-discriminatory purpose. This Note argues that courts ...


To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon Jul 2011

To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon

Indiana Law Journal

No abstract provided.


Education Reform Litigation In Nevada: Is The Nevada Legislature Neglecting Its Constitutional Duties?, K Nicholas Portz Jul 2011

Education Reform Litigation In Nevada: Is The Nevada Legislature Neglecting Its Constitutional Duties?, K Nicholas Portz

Nevada Law Journal

No abstract provided.


Germany Homeschoolers As "Particular Social Group": Evaluation Under Current U.S. Asylum Jurisprudence, Miki Kawashima Matrician May 2011

Germany Homeschoolers As "Particular Social Group": Evaluation Under Current U.S. Asylum Jurisprudence, Miki Kawashima Matrician

Boston College International and Comparative Law Review

Thirty years after the enactment of the Refugee Act of 1980, the Board of Immigration Appeals and U.S. courts and have not reached consensus on a uniform definition for the protected category of “particular social group.” The lack of consensus has created much confusion and inconsistent results for applicants seeking asylum in the United States. This Note examines one family’s grant of asylum as a vehicle for analyzing the two main approaches to “particular social group” and argues that the current treatment of the two standards as mutually exclusive by the BIA and the federal courts is inconsistent ...


"Expelled To Nowhere": School Exclusion Laws In Massachusetts, Melanie Riccobene Jarboe May 2011

"Expelled To Nowhere": School Exclusion Laws In Massachusetts, Melanie Riccobene Jarboe

Boston College Third World Law Journal

Chapter 71, section 37H1/2 of the Massachusetts General Laws allows school principals to suspend any student charged with a felony and to expel that student if he or she is convicted or found to be delinquent. Students expelled from one school in Massachusetts have no right to attend any other school in the state. Therefore, expulsion has the potential to bring a student’s educational career to an end. This Note argues that chapter 71, section 37H1/2 of the Massachusetts General Laws is unconstitutional under both the Federal and Massachusetts Constitutions because it violates students’ right to a ...


Due Process, Fundamental Fairness, And Judicial Deference: The Illusory Difference Between State And Private Educational Institution Disciplinary Legal Requirements, Paul Smith May 2011

Due Process, Fundamental Fairness, And Judicial Deference: The Illusory Difference Between State And Private Educational Institution Disciplinary Legal Requirements, Paul Smith

The University of New Hampshire Law Review

[Excerpt] “The educational process at a college or university, where students often experience new-found freedom, includes adherence to academic and behavioral standards. The institution may impose sanctions on students for breaching these standards. Prior to imposing a sanction, however, an institution must provide the student with a sufficient level of process or risk judicial invalidation of the sanction.

Courts distinguish the process due a student attending a state institution from the process due a student attending a private institution. Related to this distinction is the judicial claim that courts grant discretion to a private institution’s judgment regarding discipline for ...


Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap May 2011

Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap

BYU Law Review

No abstract provided.


Schoolhouse Rock: Lessons Of Homosexual Tolerance In Keeton V. Anderson-Wiley From The Classroom To The Constitution, Billie Pritchard May 2011

Schoolhouse Rock: Lessons Of Homosexual Tolerance In Keeton V. Anderson-Wiley From The Classroom To The Constitution, Billie Pritchard

Mercer Law Review

The public educational system is charged with more than the academic success of America's youth. Educators are responsible for "nurtur[ing] students social and moral development by transmitting to them an official dogma of community values." As Keeton v. Anderson-Wiley demonstrates, community values are rapidly changing to acknowledge new constructions of homosexual identity and constitutional interests relative to historically marginalized attributes. In Keeton the United States District Court for the Southern District of Georgia denied a preliminary injunction to a student asserting various First Amendment claims against her university for requiring her to complete remedial training for counseling gay ...


Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson Apr 2011

Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson

University of Michigan Journal of Law Reform

School district boundary lines play a pivotal role in shaping students' educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism ...


A Community Affair: Effectuating Meaningful Community Involvement In New York School Governance, Michael H. Meidinger Apr 2011

A Community Affair: Effectuating Meaningful Community Involvement In New York School Governance, Michael H. Meidinger

Boston College Third World Law Journal

In 2009, the New York Legislature imposed more stringent requirements on the State’s Department of Education when it amended section 2590-h of article 52-A of the Education Law. Now, as a precondition to closing or significantly changing the use of a school, the Chancellor, who heads the Department of Education, must prepare an impact statement detailing the ramifications of the proposal on students and the community. The Chancellor is also required to hold a joint public hearing where affected community members can present comments or concerns. In 2010, community members affected by proposed school closures in New York City ...


Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace Apr 2011

Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace

Indiana Law Journal

No abstract provided.


Courthouses Vs. Statehouses?, William S. Koski Apr 2011

Courthouses Vs. Statehouses?, William S. Koski

Michigan Law Review

Just over twenty years ago, the Kentucky Supreme Court declared the commonwealth's primary and secondary public-education finance system-indeed, the entire system of primary and secondary public education in Kentucky-unconstitutional under the "common schools" clause of the education article in Kentucky's constitution. That case has been widely cited as having ushered in the "adequacy" movement in school-finance litigation and reform, in which those challenging state school-funding schemes argue that the state has failed to ensure that students are provided an adequate education guaranteed by their state constitutions. Since the Rose decision in Kentucky, some thirty-three school-finance lawsuits have reached ...


The Equal Access Act Requires Equal Access For All: Why The Rowan-Salisbury School System's Policy Against Sex-Based Clubs, Developed To Ban Gay-Straight Alliances, Is Illegal, M. Blake Huffman Apr 2011

The Equal Access Act Requires Equal Access For All: Why The Rowan-Salisbury School System's Policy Against Sex-Based Clubs, Developed To Ban Gay-Straight Alliances, Is Illegal, M. Blake Huffman

North Carolina Central Law Review

No abstract provided.


The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera Mar 2011

The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera

Pace Law Review

No abstract provided.


Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler Mar 2011

Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler

Pace Law Review

No abstract provided.


Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon Mar 2011

Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon

Brigham Young University Education and Law Journal

No abstract provided.


Same-Sex Marriage, Education, And Parental Rights, Richard S. Myers Mar 2011

Same-Sex Marriage, Education, And Parental Rights, Richard S. Myers

Brigham Young University Education and Law Journal

No abstract provided.


Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo Mar 2011

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Parents, Religious Convictions, And Public School Curricula, Mark Strasser Mar 2011

Parents, Religious Convictions, And Public School Curricula, Mark Strasser

Brigham Young University Education and Law Journal

No abstract provided.


Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller Mar 2011

Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller

Brigham Young University Education and Law Journal

No abstract provided.


Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd Mar 2011

Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd

Brigham Young University Education and Law Journal

No abstract provided.


Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin Mar 2011

Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.


Examining Context In The Conflict Over Same-Sex Marriage And Education: The Relevance Of Substance, Process And The People Involved, Richard Peterson Mar 2011

Examining Context In The Conflict Over Same-Sex Marriage And Education: The Relevance Of Substance, Process And The People Involved, Richard Peterson

Brigham Young University Education and Law Journal

No abstract provided.