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Articles 1 - 25 of 25
Full-Text Articles in Law
Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff
Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff
Department of Educational Administration: Dissertations, Theses, and Student Research
#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research, it is …
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Pace Intellectual Property, Sports & Entertainment Law Forum
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
Massachusetts At The Forefront: How To Protect The Most Vulnerable Group In A Post-Legal Sports Betting World—Ncaa Student-Athletes, Dave Wilson
University of Massachusetts Law Review
Change is coming to sports gambling in the United States. No longer is it restricted to Nevada casinos or your “friendly” neighborhood sports bookie. The individual states have spoken, with state after state passing legislation authorizing legalized sports betting. It is clear that there is an appetite for legal sports gambling in this country. But how did we get here? And what will the ramifications be? This Note first analyzes the keystone sports gambling case, Murphy v. NCAA, and its impact on the destruction of the Professional and Amateur Sports Protection Act, which was commonly viewed as a federal ban …
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone
Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone
Faculty Publications
Federal privacy law is all to often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing …
Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws
Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws
University of Richmond Law Review
No abstract provided.
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Northwestern University Law Review
Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …
The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley
The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley
Pepperdine Law Review
State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in many states have approved ballot initiatives legalizing the sale of marijuana to adults for their recreational use. This Article argues that any state that legalizes marijuana has a concomitant duty to amend its K–12 public school instructional statutes to provide for substantial marijuana education. No state has yet enacted such legislation even though current alternative educational methods fail to provide sufficient safeguards. Accordingly, this Article proposes new statutory remedies that could bridge the gap between …
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
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 …
In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman
In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman
Seton Hall Circuit Review
No abstract provided.
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Seattle University Law Review
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …
Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt
Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt
University of Richmond Law Review
No abstract provided.
Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead
Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead
University of Richmond Law Review
No abstract provided.
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour
University of Richmond Law Review
The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …
The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
University of Massachusetts Law Review
Given the recent increase in charter schools as an alternative to the traditional public education system, this Article explores the legal status and position of charter schools. Charter schools exhibit many characteristics of private schools, particularly in terms of management, but also retain many public school features. Thus, this Article explores areas of the law where charter schools were either classified as public or private in terms of state statutes or regulations, discussing recent and some pending litigation. First, this Article discusses whether charter schools, charter school boards and officials, or educational management organizations which manage charter schools are entitled …
Noncitizen Students And Immigration Policy Post-9/11, Victor Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor Romero
Victor C. Romero
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
Cracking Open The Classroom Door: Developing A First Amendment Standard For Curricular Speech, Nicholas K. Tygesson
Cracking Open The Classroom Door: Developing A First Amendment Standard For Curricular Speech, Nicholas K. Tygesson
Northwestern University Law Review
Around this country, courts have found that the discharge of public school teachers for their classroom speech does not implicate the First Amendment. Others have protected this speech, but only by importing analytical approaches from other areas of law ill suited to the unique interests at play in America’s public schools. The resulting patchwork of doctrinal approaches provides little clarity for courts and only illusory protection for teachers. This Note will start from scratch, examining the first principles at play in public school classrooms and tailoring a First Amendment approach to respect the needs of government, teachers, and students. When …
Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot
University of Massachusetts Law Review
This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal …
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Cleveland State Law Review
On October 17, 2006, Megan Meier, a thirteen-year-old girl in Dardenne Prairie, Missouri, who had been diagnosed with attention deficit disorder and depression, committed suicide because of postings on MySpace, an Internet social networking site, saying she was a bad person whom everyone hated and the world would be better off without. As a result, the state revised its harassment and stalking statutes to prohibit using electronic means to knowingly "frighten, intimidate, or cause emotional distress to another person."' At the time of this writing, twenty-one states have passed similar legislation with others sure to follow. Many of these statutes …
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown
NYLS Law Review
No abstract provided.
Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth
Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth
Scholarly Works
Progressive, anti-subordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions' nondiscrimination policies. The leading cases addressing the conflicts between nondiscrimination policies and exclusionary student groups are polarized and distorted by their culture war context. That context tainted the leading authority, Boy Scouts of America v. Dale, and is especially salient in the student expressive association cases, many of which are being aggressively litigated by religious groups with strong anti-homosexuality goals. The strength of these First Amendment claims can be difficult to recognize …
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Journal Articles
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Faculty Articles and Other Publications
Reports on the decision of the United States Supreme Court in Davis v. Monroe Board of Education which dealt with student-on-student sexual harassment.
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
Faculty Articles and Other Publications
This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.
Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas
Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas
Faculty Scholarship
The goal of legal education in a nutshell is to get the student to "think like a lawyer." The goal of medicolegal courses in medical schools, on the other hand, has often seemed to be to get the medical student to think bad things about lawyers. While the total solution to the legendary distrust between these two professions may not be an understanding of methodology, this article will suggest that one way to increase cooperation between the professions is to teach law in medical schools in a way that emphasizes methods of approaching problems and which seeks to dispel the …