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Articles 1 - 30 of 295
Full-Text Articles in Law
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts
Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts
Dickinson Law Review (2017-Present)
Title IX is a federal law prohibiting sex-based discrimination in any education program or activity that receives federal funding. Congress initially passed Title IX out of concern for sexbased equality in academia. However, Title IX has had significant impacts on athletics, resulting in increased athletic opportunities for females. To be Title IX compliant, institutions must provide equality in athletic participation for both sexes. The Office of Civil Rights provided a three-part test to measure equality in athletic participation. Institutions must satisfy at least one of the three prongs to meet Title IX requirements as they pertain to equality in athletic …
Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.
Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.
American Indian Law Journal
While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe
Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe
BYU Education & Law Journal
Since inception, affirmative action programs have been char-acterized as everything from institutional ‘reverse’ racism, to neces-sary plans that seek to ameliorate decades of racism. Data from the Pew Research Center indicates that a large majority of Americans support affirmative action. When asked whether “[a]ffirmative ac-tion programs designed to increase the number of black and minori-ty students on college campus are. . . good or bad,” 71% of respond-ents answered “good” in 2017.16 This is a significant increase in the percentage of Americans responding favorably to affirmative action programs. In comparison, when Americans were asked the same question in 2003, just …
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
BYU Education & Law Journal
The topic of this legal analysis is the administration of medical
marijuana to students attending Colorado K-12 public schools.
Colorado has been a pioneer in legalizing the use of marijuana. Beginning
in the year 2000, Colorado voters approved Amendment 20
legalizing the use of marijuana for medical purposes. This law specifically
allows minors to receive a prescription for medical marijuana
under certain conditions. An unintended consequence of this law
is that minors meeting its requirements are requesting, along with
their caregivers and physicians, to have marijuana-based medication
administered to them at schools. The purpose of this legal analysis
is to …
Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer
Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer
BYU Education & Law Journal
Federal and state governments regulate the character of
their residents as a condition of immigration, employment, social
services, and beyond. At the state level, “good moral character”
rules have been analyzed in depth for decades, mostly as they pertain
to admission to the bar and other licensed professions. Character
requirements also affect the ability of college students to get
state-funded financial aid, but these policies have received no scholarly
analysis. According to this study’s findings, there have been at
least 50 state financial aid grant programs with character rules,
which begs the question: what does it mean to be a …
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
The 'Other' Market, Cody Jacobs
The 'Other' Market, Cody Jacobs
Faculty Scholarship
The hiring market for tenure-track non–legal writing positions is a world unto itself with its own lingo (i.e., “meat market” and “FAR form”), its own unwritten rules (i.e., “Do not have two first-year courses in your preferred teaching package.”), and carefully calibrated expectations for candidates and schools with respect to the process and timing of hiring. These norms and expectations are disseminated to the participants in this market through a relatively well-established set of feeder fellowships, visiting assistant professor programs, elite law schools, blogs, and academic literature on the subject.
But there is another market that goes on every year …
When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry
When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry
South Carolina Law Review
No abstract provided.
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas
Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
James G. Dwyer
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins
Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins
Neal E. Devins
No abstract provided.
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
Penalty Or Damages? Are There Limits To Liquidated Damages Provisions In Teacher Employment Contracts
Florida A & M University Law Review
This Article examines the validity of liquated damages provisions with regard to teacher contracts and the appropriateness of their use. Part II addresses the law of liquidated damages generally. Part III discusses one Georgia case brought by two teachers against DCSD for enforcement of its liquidated damages provision as an attempt to force the teachers to stay with the District. Part IV summarizes a review of various teacher employment contracts and types of liquidated damages clauses incorporated therein. Part IV concludes with a discussion of various issues that school districts ought to take into consideration to enhance teacher retention and …
Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder
Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder
Law Faculty Research Publications
No abstract provided.
Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo
Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock
Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Speech Across Borders, Jennifer Daskal
Speech Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi
The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi
Faculty Articles
The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …
The Compromised Right To Education, Joshua Weishart
The Compromised Right To Education, Joshua Weishart
Law Faculty Scholarship
No abstract provided.
Aligning Education Rights And Remedies, Joshua Weishart
Aligning Education Rights And Remedies, Joshua Weishart
Law Faculty Scholarship
Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …
The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White
The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Hb 338 - Turnaround Elligible Schools, Eleanor F. Miller, Heather E. Obelgoner
Hb 338 - Turnaround Elligible Schools, Eleanor F. Miller, Heather E. Obelgoner
Georgia State University Law Review
The Act creates the position of Chief Turnaround Officer (CTO) and authorizes the State Board of Education, in collaboration with the State School Superintendent and the Education Turnaround Advisory Council, to search for and appoint the CTO. The CTO has the authority to recommend individuals to serve as turnaround coaches upon approval by the state board. The Act defines the term “turnaround eligible schools” and identifies factors upon which the CTO may identify such schools. The Act provides procedures by which the CTO and turnaround coaches shall intervene in such schools. The Act creates the Education Turnaround Advisory Council, which …
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Journal Articles
Student activism for racial equity and inclusion is on a historic rise on college and university campuses across the country. Students are reminding us that Black lives matter. They are bringing attention to the ways in which the normal operation of the legal system creates racial and other inequalities. They are critiquing the ways in which their experiences and perspectives are pushed to the margins in classrooms, on campuses, and in society.
In urging for university policies that allow for such activism to be moments of teaching and learning for all involved, I argue in this Article that student academic …
Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry
Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry
Articles in Law Reviews & Other Academic Journals
This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …
A Systematic Look At A Serial Problem: Sexual Harassment Of Students By University Faculty, Nancy Chi Cantalupo, William C. Kidder
A Systematic Look At A Serial Problem: Sexual Harassment Of Students By University Faculty, Nancy Chi Cantalupo, William C. Kidder
Law Faculty Research Publications
No abstract provided.
A First Amendment Deference Approach For Reforming Anti-Bullying Laws, Emily Suski
A First Amendment Deference Approach For Reforming Anti-Bullying Laws, Emily Suski
Faculty Publications
This Article examines the anti-bullying laws and their response to the problem of bullying in light of both the nature of the problem itself, the interventions the laws call for, and the laws’ First Amendment implications. Bullying has many varied, negative consequences, some tragic, and is widespread. Yet, the anti-bullying laws disproportionately focus schools’ responses to bullying on school exclusion, meaning suspending, expelling or otherwise excluding students who bully from school. This is so even though social science literature has found school exclusion ineffective and sometimes counterproductive as a method for addressing bullying. What is more, because much of bullying …