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Education Law

Education Law

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Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo Jan 2014

Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein Jan 2014

The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


School Surveillance And The Fourth Amendment, Jason P. Nance Jan 2014

School Surveillance And The Fourth Amendment, Jason P. Nance

UF Law Faculty Publications

In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school …


'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley Jan 2013

'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Although there are now laws on the books in virtually every jurisdiction aimed at addressing childhood obesity in K-12 schools, these efforts are inadequate and may even be misguided in important ways. Efforts aimed at health promotion - through healthier eating and increased physical activity - remain woefully underfunded even as they proliferate at every level of government. It is one thing to enact a requirement that all schools offer a minimum number of minutes of physical education each week or that school lunches include more fruits and vegetables. But it is quite another to make the budgetary commitment to …


Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull Jan 2013

Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks Jan 2013

Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks

Faculty Publications

No abstract provided.


Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer May 2012

Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer

Honors Scholar Theses

This study explored how knowledgeable pre service teachers in the Neag School of Education at the University of Connecticut were in the field of student rights and tort liability. This field has grown in importance due to a recent increase in student lawsuits and the expectations that teachers know these laws when they become certified. A total of 183 students were given a survey in their education classes with 27 statements of famous misconceptions about student rights and tort liability. Students were asked to determine if these statements were true or false and how confident they were in their answer. …


Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha May 2012

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo Jan 2012

Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo Jan 2012

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson Jan 2012

Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Legislating Inclusion, Lia Epperson Jan 2012

Legislating Inclusion, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo Jan 2011

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

Law Faculty Research Publications

No abstract provided.


International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry Jan 2011

International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry

Faculty Scholarly Works

This article identifies a number of international initiatives that have contributed to, reflect, or facilitate global higher education mobility. The article begins by presenting statistics about global higher education mobility. The sections that follow address a number of “hard law” and “soft law” international initiatives that promote such mobility. The initiatives discussed in the article include, inter alia, European Union initiatives, the Bologna Process which led to the creation of the European Higher Education Area, and higher education initiatives of the Asia Pacific Economic Cooperation (APEC), the World Trade Organization, the United Nations, and the Organization of Economic Cooperation and …


No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros Jan 2010

No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros

Journal Articles

As a result of the No Child Left Behind Act (NCLB), schools place a great emphasis on standardized testing. Students at risk of failure are identified for additional instruction. This is aligned with the adequacy (versus equity) framework of school finance litigation, which seeks to bring the bottom up to a certain minimum level. Under the adequacy ideology, the focus is on achieving a minimum threshold of proficiency. In low performing schools where a high percentage of students are at risk of failing the test, a focus on the minimum creates disincentives to work with students performing at or above …


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman Jan 2010

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Education Law Association, Zorka Karanxha Jan 2010

Education Law Association, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Hunt V. Mcnair, Zorka Karanxha Jan 2010

Hunt V. Mcnair, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Tinker And Viewpoint Discrimination, John E. Taylor Apr 2009

Tinker And Viewpoint Discrimination, John E. Taylor

Law Faculty Scholarship

No abstract provided.


Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh Mar 2009

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Cornell Law Faculty Working Papers

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …


Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo Jan 2009

Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson Jan 2009

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has some clinics, though not widespread). This article examines …


Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman Jan 2008

Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

The Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines-namely, the Pickering-Connick framework for teachers' classroom speech and …


Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson Jan 2008

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Need For Equal Opportunity And A Right To Quality Education, Stephen Wermiel, Paul Wockstein Jan 2008

The Need For Equal Opportunity And A Right To Quality Education, Stephen Wermiel, Paul Wockstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Bologna Process And Its Impact In Europe: It's So Much More Than Degree Changes, Laurel Terry Jan 2008

The Bologna Process And Its Impact In Europe: It's So Much More Than Degree Changes, Laurel Terry

Faculty Scholarly Works

The Bologna Process is a massive, multi-year project designed to create the "European Higher Education Area" by the year 2010. it began ten eyars ago, when four European Union (EU) countries signed a relatively vague declaration. It has grown to include forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process countries have agreed on ten "action lines" for restructuring European higher education. These action lines are nothing short of revolutionary - they address everything from a three-cycle degree system (e.g., bachelor-master's-doctorate degrees), European-wide quality assurance efforts, mobility of higher education students and staff, …


The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield Oct 2007

The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider race when …


The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise Sep 2007

The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise

Cornell Law Faculty Publications

Part of the Education Law Stories, this book chapter tells the story behind San Antonio Independent School Dist. v. Rodriguez. Mindful of the challenges incident to the federal courts' effort to dismantle de jure and de facto school segregation, the Rodriguez decision evidences reluctance by some of the Justices to become ensnarled in an effort to dismantle school finance systems in way that would affect an overwhelming majority of the nation's public schools. By side-stepping such a confrontation, Rodriguez implicitly reveals important aspects about the federal courts and, in particular, how the Justices view their role in our federal system …


Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield Apr 2007

Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954, it failed to consider the long range implications of its mandate. School districts across the country responded to the Court’s order by adopting race-preference school assignment plans, created to designate the particular public elementary or secondary school a student should attend. Now that these plans have successfully achieved their goals of desegregating classrooms, the question has become whether the continuation of the very programs that helped achieve those goals remain legal? In other words, as Justice Ginsburg recently said in arguments before the Supreme Court, …