Law Commons^™

Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw

Theses and Dissertations

This paper investigates whether receiving in-state tuition benefits effects the academic performance of non-citizen students attending Texas public state-universities. Using data from the Texas Higher Education Opportunity Project, it examines the effect of the HB-1403 policy on contributing factors affecting academic performance of non-citizen students.

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and …

Federal Aid For Children And Teachers In All Schools, T. Raber Taylor

The Catholic Lawyer

No abstract provided.

The Child Benefits System In Operation - Federal Style, Hugh L. Carey

The Catholic Lawyer

No abstract provided.

From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead

Senior Honors Theses

Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however, none of …

Education As A Vital Right, Clayton Kozinski

Journal of Legislation

No abstract provided.

Update On School Searches, Charles J. Russo

Educational Leadership Faculty Publications

School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.

Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.

Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum

West Virginia Law Review

No abstract provided.

Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick

Channels: Where Disciplines Meet

This paper explores the present state of institutional discipline regarding sexual assaults on campus and the impact of the April 4, 2011 “Dear Colleague Letter” (DCL) issued by the Office for Civil Rights of the Department of Education on this problem. The paper then discusses the applicable Title IX standards and the procedural due process rights for the accused in campus sexual assault cases. The paper explores colleges’ responses to the DCL and means for redress for the accused under Title IX. The author argues that the DCL improperly incentivizes colleges to convict the accused, and suggests that cases of …

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …

The Cost Of Opportunity: Student Debt And Social Mobility, Daniela Kraiem

Daniela Kraiem

No abstract provided.

Tenure Wars: The Litigation Continues, Charles J. Russo

Educational Leadership Faculty Publications

Teacher tenure is a controversial topic that continues to generate litigation. Parents and advocates of educational reform have filed claims alleging, in part, that school officials violate the rights of students who are not achieving academically largely because of the ineffective instruction the students receive from teachers.

Typically, these suits also claim that conditions in districts where students perform poorly on academic measures are exacerbated by the protection that state tenure laws—in conjunction with union efforts—afford ineffective teachers, thereby making it difficult to dismiss the teachers for incompetence.

In North Carolina Association of Educators v. State (2016), a North Carolina …

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

Lisa Philipps

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to …

The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma

BYU Law Review

Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …

A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski

Washington and Lee Law Review Online

This term, the Supreme Court will consider Fry v. Napoleon Community Schools. Fry implicates a circuit split on the proper scope of the exhaustion requirement in 20 U.S.C. § 1415(l) of the Individuals with Disabilities Education Act (IDEA). That section requires parents of students with disabilities to exhaust state administrative remedies “before the filing of a civil action . . . seeking relief that is also available under” the IDEA. Two different approaches to this requirement have emerged among the courts of appeals: an “injury-centered” approach and a “relief-centered” approach. Under the injury-centered approach, exhaustion is required when a …

Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett

Nicole Stelle Garnett

More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done inside …

"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett

Journal of Intellectual Property Law

No abstract provided.

The Middle Class, Urban Schools And Choice, Michael Lewyn

Michael E Lewyn

Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright

North Carolina Central Law Review

No abstract provided.

Affirmative Action Returns To The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.

Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016) …

Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas

Nevada Supreme Court Summaries

The Court determined that (1) Article 11, Section 1 of the Nevada Constitution does not limit the Legislature’s discretion in encouraging other methods of education, and based on this, the Education Savings Account (“ESA”) program is not contrary to Article 11, Section 2 which requires the Legislature to “provide for a uniform system of common schools”; and that (2) the funds deposited in the education savings account are not “public funds” subject to Article 11, Section 10; and finally that (3) the ESA program violates the mandate under Section 2 and 6 to fund public education because SB 302 does …

Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett

Margaret F Brinig

More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done inside …

Higher Education Reform And The Increased Cost Of Post-Secondary Education In The U.S.: A Policy Review Of Current Policy Plans And Policy Proposals, Arthur C. Evans Iii

South Florida Education Research Conference

Within the last decade, there has been an ever-increasing attention on the need for higher education reform. Measures to mitigate the increased cost and different policy proposals have been introduced to increase the accountability and value. This paper examines current higher education polices and looks at some overarching ideas involved.

Lotteries As A Voluntary And "Painless" Tax In American Gaming Law And The Prospect Of Creating A Federal Lottery To Reduce The Federal Deficit In The Era Of Billion Dollar Jackpots, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Fair Share Fees, Teacher Unions, And The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

Disputes over whether teachers who are not union members must pay for the benefits they receive under their bargaining contracts have been litigated for almost 40 years. Amid conflict over the ability of teachers’ unions to collect fair share fees from nonmembers, the Supreme Court re-entered the controversy in Friedrichs v. California Teachers Association (2016), leaving the door open to future litigation on the status of fair share fees.

Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan

Nevada Law Journal

No abstract provided.

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …

On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport

Nevada Law Journal

No abstract provided.

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Richard W Garnett

No abstract provided.