Law Commons^™

Underneath The Radar: The Impact Of Same-Sex Sexuality And Secularism On Education In South Africa, Marius H. Smit

Brigham Young University Education and Law Journal

No abstract provided.

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

Brigham Young University Education and Law Journal

No abstract provided.

The Impacts On Education Of Legalizing Same-Sex Marriage And Lessons From Abortion Jurisprudence, Lynn D. Wardle

Brigham Young University Education and Law Journal

One of the most contentious issues to arise in public policy debates concerning the legalization of same-sex marriage is whether legalizing same-sex marriage has a significant detrimental impact on education, particularly public education. However, legal scholarly and professional consideration of this issue is scarce and one sided. This article reviews the evidence that legalizing same-sex marriage has had a serious, profoundly controversial, and arguably detrimental impact on public education. It then explains why legalization of same-sex marriage must have some impact on educational curriculum. When the meaning of marriage changes it must be reflected in the curriculum that covers that …

Same-Sex Marriage And Education: Implications For Schools, Students, And Parents, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.

Contracts, Control And Charter Schools: The Success Of Charter Schools Depends On Stronger Nonprofit Board Oversight To Preserve Independence And Prevent Domination By For-Profit Management Companies, Julia L. Davis

Brigham Young University Education and Law Journal

No abstract provided.

The Forgotten Students: The Implications Of Federal Homeless Education Policy For Children In Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley

Brigham Young University Education and Law Journal

No abstract provided.

School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard

Brigham Young University Education and Law Journal

No abstract provided.

Stripped Of Meaning: The Supreme Court And The Government As Educator, Justin R. Chapa

Brigham Young University Education and Law Journal

No abstract provided.

Psychology And Law In The Classroom: How The Use Of Clinical Fads In The Classroom May Awaken The Educational Malpractice Claim, Brian J. Gorman, Catherine J. Wynne, Christopher J. Morse, James T. Todd

Brigham Young University Education and Law Journal

No abstract provided.

Bullying In Public Schools: The Intersection Between The Student's Free Speech Rights And The School's Duty To Protect, Elizabeth M. Jaffe, Robert J. D'Agostino

Mercer Law Review

The 2009 case of eleven-year-old Jaheem Herrera's suicide in Georgia, which resulted after alleged repeated verbal bullying by his classmates, presents an interesting question regarding whether public schools must take action to prevent this type of behavior even if it does not disrupt the classroom. The issue to be addressed is not what speech schools can censor but whether schools must censor or prevent certain speech that has a harmful effect on the educational environment for a specific student or a specifically identifiable group of students.

If a public school student has a civil or liberty right to his education,' …

Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss

Richmond Journal of Law & Technology

In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …

Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany

Michigan Telecommunications & Technology Law Review

Discontent is growing in academia over the practices of the proprietary scholarly publishing industry. Scholars and universities criticize the expensive subscription fees, restrictive access policies, and copyright assignment requirements of many journals. These practices seem fundamentally unfair given that the industries' two main inputs-articles and peer-review-are provided to it free of charge. Furthermore, while many publishers continue to enjoy substantial profit margins, many elite university libraries have been forced to triage their collections, choosing between purchasing monographs or subscribing to journals, or in some cases, doing away with "non-essential" materials altogether. The situation is even more dire for non-elite schools, …

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Loyola University Chicago Law Journal

This Article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act'), are failing to fulfill this goal and how these legal regimes can be improved to reach their objectives. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Public Interest Law Review

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai

Michigan Journal of Gender & Law

In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …

Parenting And Pregnant Students: An Evaluation Of The Implementation Of The Other Title Ix, Michelle Gough

Michigan Journal of Gender & Law

Title IX of the Education Amendments of 1972 prohibits gender discrimination. Although pregnancy has been described as the "quintessential sex difference," Title IX's prohibition of gender discrimination in the context of parenting and pregnant students has often been left out of the discussion, and therefore the understanding, of the implementation of Title IX Regulations. The scholarship discussing the topic shows general agreement that the language and spirit of Title IX has not been given effect thus far by our schools or by some courts. This Article begins by looking to the Title IX regulations themselves and then to the research …

From Crayons To Handcuffs: An Investigation Of Elementarly School Discipline, Laura Knittle

Public Interest Law Reporter

No abstract provided.

Why Can't We Be "Friends?" Student-Teacher Relationships In The Facebook Age, Lynsey Stewart

Public Interest Law Reporter

No abstract provided.

The Cps Evaluation Backlog: A Roadblock To Educational Success, Kathryn Kokoczka

Public Interest Law Reporter

No abstract provided.

Back On The Books: The Illinois Silent Reflection And Student Prayer Act, Brendan Brassil

Public Interest Law Reporter

No abstract provided.

University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011), Jacob H. Rooksby

UIC Review of Intellectual Property Law

While the literature examining university engagement in patenting and technology transfer is quite developed, commentators largely have overlooked university involvement in patent litigation. This article focuses on one aspect of that involvement—initiation of patent infringement litigation—by providing a quantitative and textual analysis of patent infringement actions initiated by universities from 2009 through 2010. Suing for-profit actors for money may seem antithetical to the mission of not-for-profit universities, but in fact universities filed over fifty such cases in the studied time period. Examination of these cases reveals a remarkable similarity between the litigation behavior of universities and for-profit actors, as well …

My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will …

Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch

UIC John Marshall Journal of Information Technology & Privacy Law

In an unsuccessful attempt to heighten security, schools are implementing a technology that offers access to children’s personal information and minute-by-minute location. Although not entirely new, Radio Frequency Identification (RFID) technology use has recently been expanding within the school arena. Skeptics knowledgeable about the downfalls of the technology, however, have reason to be concerned. In order to understand the true urgency of this issue, this comment will explain the background of RFID technology, specifically what RFID tags are, how they are used, their purposes, and how they have become unsafe. Included will be an explanation of the reasons that schools …

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Journal of Law and the Public Interest

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.

The Gestalt Of The School-To-Prison Pipeline: The Duality Of Overrepresentation Of Minorities In Special Education And Racial Disparity In School Discipline On Minorities, Torin D. Togut

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Who’S The Boss?: The Need For Thoughtful Identification Of The Client(S) In Special Education Cases , Yael Zakai Cannon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Zero Tolerance: A Proper Definition, 44 J. Marshall L. Rev. 1107 (2011), Peter Follenweider

UIC Law Review

No abstract provided.

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Public Interest Law Review

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.

Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava

UIC Law Review

No abstract provided.