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Articles 151 - 180 of 5019
Full-Text Articles in Law
Beneath The Property Taxes Financing Education, Timothy M. Mulvaney
Beneath The Property Taxes Financing Education, Timothy M. Mulvaney
Faculty Scholarship
Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school districts, and the overall stability of those revenues. This Essay contends that such discourse would benefit from directing greater attention to the justice of the government’s threshold choices about property law and policy that impact the property values against which property taxes are levied.
The …
Preventing Vicarious Trauma And Encouraging Self-Care In Clinical Legal Teaching, Deeya Haldar, Sarah Katz
Preventing Vicarious Trauma And Encouraging Self-Care In Clinical Legal Teaching, Deeya Haldar, Sarah Katz
Faculty Publications
Vicarious trauma, sometimes called “compassion fatigue” or “secondary trauma,” is a term for the effect that working with survivors of trauma may have on counselors, therapists, doctors, attorneys, and others who directly help them. Vicarious traumatisation refers to harmful changes that occur in professionals’ views of themselves, others, and the world as a result of exposure to the graphic or traumatic experiences of their clients. While it is unusual for law students to experience vicarious trauma in a clinical legal education setting, there are good reasons to introduce the concept of vicarious trauma and measures to prevent vicarious trauma through …
Rethinking Education Theft Through The Lens Of Intellectual Property And Human Rights, Peter K. Yu
Rethinking Education Theft Through The Lens Of Intellectual Property And Human Rights, Peter K. Yu
Faculty Scholarship
This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of “education theft” through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by intentionally violating the residency requirements. The Essay begins by revisiting the debate on intellectual property rights as property rights. It discusses the ill fit between intellectual property law and the traditional property model, the impediments the law has posed to public access to education, and select reforms that have …
Personhood, Property, And Public Education: The Case Of Plyler V. Doe, Rachel F. Moran
Personhood, Property, And Public Education: The Case Of Plyler V. Doe, Rachel F. Moran
Faculty Scholarship
Property law is having a moment, one that is getting education scholars’ attention. Progressive scholars are retooling the concepts of ownership and entitlement to incorporate norms of equality and inclusion. Some argue that property law can even secure access to public education despite the U.S. Supreme Court’s longstanding refusal to recog- nize a right to basic schooling. Others worry that property doctrine is inherently exclusionary. In their view, property-based concepts like resi- dency have produced opportunity hoarding in schools that serve affluent, predominantly white neighborhoods. Many advocates therefore believe that equity will be achieved only by moving beyond property-based claims, …
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
All Faculty Scholarship
This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleging that Harvard engages in intentional discrimination …
Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault
Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault
Dissertations
The U.S. Department of Education defines students with disabilities as those having a physical or mental impairment that substantially limits one or more life activities. Previous research has found that students with disabilities placed in inclusive environments perform better academically and socially compared to students with disabilities who are placed in segregated environments. Yet, we know that inclusion in K-12 general education classrooms across the country is not consistently implemented.
The purpose of this study was to better understand the effects, if any, of general education high school teachers’ personal and professional experiences and knowledge on their attitudes toward educating …
Creating Systemic Support: Cross-Sector Partnerships As A Catalyst To Institutional Transformation For Southeast Asian Student Support, Brianna Lourdes Edoria Pascua
Creating Systemic Support: Cross-Sector Partnerships As A Catalyst To Institutional Transformation For Southeast Asian Student Support, Brianna Lourdes Edoria Pascua
Master's Projects and Capstones
This paper investigates the potential impact of cross-sector partnerships between nonprofit organizations (NPOs) and universities on the educational attainment of Southeast Asian American (SEAA) students, particularly those from disenfranchised or nontraditional backgrounds. Guided by the research question, "Can cross-sector partnerships between NPOs and universities contribute to increased educational attainment among SEAA students?", the study seeks to comprehensively explore SEAA student experiences, challenge the Model Minority Stereotype, enrich SEAA higher educational achievement literature, underline the significance of disaggregated data and cross-sector collaborations, and create an adaptable framework for other communities. By adopting an Asian Critical Race Theory (AsianCrit) lens, the research …
Education As A Source Of Hope: An Examination Of Teacher Beliefs And The Lack Of Support For Children With Chronic Health Conditions, Marissa Schow
Education As A Source Of Hope: An Examination Of Teacher Beliefs And The Lack Of Support For Children With Chronic Health Conditions, Marissa Schow
Education | Master's Theses
As survival rates increase, more children with chronic health conditions are returning to K-12 classrooms after receiving medical treatments. Research has shown that many teachers believe that students with chronic health conditions should not have to worry about school while they are going through treatment (Irwin & Elam, 2011; Legislative Alliance for Students with Health Conditions, 2017). Research also suggests that many schools are violating the Every Student Succeeds Act of 2015 by withdrawing students from the district due to chronic absenteeism (Eaton, 2012; Wilkie, 2012). The purpose of this mixed methods study was to explore and examine the ways …
Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber
Navigating Name, Image, And Likeness Policy In College Athletics – Issues And Solutions, Daniel Erber
Brooklyn Journal of Corporate, Financial & Commercial Law
College athletics, specifically the NCAA, has faced legal challenges throughout its history. In the wake of Alston and other Supreme Court decisions regarding antitrust violations tied to student-athlete benefits, many states proposed and passed laws explicitly allowing student-athletes at NCAA institutions to utilize their names, images, and likenesses for commercial purposes. With the state laws in direct conflict with NCAA rules, college sports entered an era of extreme uncertainty. While the NCAA attempts to maintain its grip on the commercial endeavors of student-athletes and member institutions, states and society are pushing a free market agenda geared towards liberalizing the economic …
From The Ground Up: Restoring The Problem Of Education, William J. Norris Iii
From The Ground Up: Restoring The Problem Of Education, William J. Norris Iii
Helm's School of Government Conference - American Revival: Citizenship & Virtue
This paper will examine the impact of families and how they can restore the promise of education. At the local level, parents and concerned citizens should review the impact of their local school boards and how they can become involved to effect positive change. Education policies that promote school choice and educational flexibility should be promoted at the local, state, and federal levels. A comprehensive approach is needed to help ensure equality of opportunity for each child in America.
Policy Over Publicity: Evaluating Andrew Cuomo's 'Outrageoulsy Ambitious And Irrefutably Smart' Education Spending Dilemma, Colin Mckillop
Policy Over Publicity: Evaluating Andrew Cuomo's 'Outrageoulsy Ambitious And Irrefutably Smart' Education Spending Dilemma, Colin Mckillop
Journal of Civil Rights and Economic Development
(Excerpt)
For low- and middle-income high school students in New York, the prospect of attending college, especially on a full-time basis, has become increasingly bleak in recent years; tuition and other attendance costs continue to grow without a rise in education quality, “sixty-one percent of students graduate with college debt,” and debt held at graduation is increasing at “almost double the rate of inflation.” Thus, such students and their families were likely ecstatic on January 3, 2017, when Andrew Cuomo, the former Governor of New York, held an aggrandizing press conference to highlight the “1st signature proposal of his 2017 …
Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar
Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar
Indonesian Notary
Undang Undang Nomor 28 Tahun 2014 Tentang Hak Cipta mengatur bahwa Hak Cipta sebagai benda bergerak tidak berwujud dapat dijadikan sebagai objek jaminan fidusia. Pada Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia diatur bahwa pembebanan benda jaminan fidusia harus dibuat dengan akta notaris dengan setidak-tidaknya memuat nilai benda yang menjadi objek jaminan fidusia.. Hal tersebut menimbulkan permasalahan terutama mengenai mekanisme penilaian dan pemuatan hak cipta sebagai jaminan karena sifatnya yang merupakan benda bergerak tidak berwujud sehingga sulit untuk dinilai. Penelitian ini dilakukan secara yuridis-normatif dengan melakukan lapangan wawancara terhadap pihak yang berkaitan dengan pembuatan akta jaminan fidusia. Tujuan dari …
Konsep Dan Bentuk Perlindungan Hak Penguasaan Atas Tanah Masyarakat Hukum Adat Di Indonesia (Studi Kasus Putusan Pengadilan Negeri Balige No. 42/Pdt.Plw/2016/Pn Blg), Ernila Erfa
Indonesian Notary
Tanah Ulayat merupakan tanah yang dikuasai secara bersama oleh warga masyarakat hukum adat, di mana pengaturan pengelolaannya dilakukan oleh pemimpin adat (Kepala Adat) dan pemanfaatannya diperuntukan baik bagi warga masyarakat hukum adat yang bersangkutan maupun orang luar. Untuk dapat menyatakan bahwa suatu hak ulayat di suatu tempat tertentu masih eksis, ada tiga unsur pokok yang harus dipenuhi yaitu unsur masyarakat, unsur wilayah dan unsur hubungan antara masyarakat hukum adat dengan wilayahnya. Terdapat dua permasalahan dalam penelitian ini yakni pembuktian atas pemilikan tanah adat berdasarkan UUPA dan pertimbangan hakim pada Putusan Pengadilan Negeri No. 42/Pdt.Plw/2016/Pn Blg serta konsep dan bentuk perlindungan …
Natural Law, Parental Rights, And The Defense Of "Liberal" Limits On Government: An Analysis Of The Mortara Case And Its Contemporary Parallels, Melissa Moschella
Natural Law, Parental Rights, And The Defense Of "Liberal" Limits On Government: An Analysis Of The Mortara Case And Its Contemporary Parallels, Melissa Moschella
Notre Dame Law Review
This Article explores parallels between integralists’ defense of the Mortara case (in which Pius IX removed a child from his parents’ care in order to provide him with a Catholic education) and contemporary progressive arguments for overriding the authority of parents who do not want their gender-dysphoric children to undergo social or medical gender transition. In Part I, I offer an overview of the natural law case for limited government, then in Part II I turn more specifically to a natural law defense of parental rights as an essential aspect of limited government. In the following Part, I return to …
“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani
“With All Deliberate Speed”: The Ironic Demise Of (And Hope For) Affirmative Action, Vinay Harpalani
Faculty Scholarship
Is affirmative action in university admissions about to end? As the United States Supreme Court prepares to decide lawsuits against Harvard and the University of North Carolina Chapel Hill (UNC), the outlook for race-conscious admissions policies is not good. Even before its recent rightward shift, the Court had long been hostile to such policies, and many observers think it will now overturn Grutter v. Bollinger and end them altogether. Such a ruling would be a painful and paradoxical twist for civil rights advocates. In a classic turn of Orwellian irony, the plaintiffs challenging affirmative action now call themselves Students for …
Reforming Illinois K-12 Public Education Through A Four-Pronged Approach, Seth Brooks
Reforming Illinois K-12 Public Education Through A Four-Pronged Approach, Seth Brooks
Senior Honors Theses
Public education in the United States has produced lackluster results in the past decades. Various forms of school choice have emerged in recent years to combat the poor results seen in the public education system, but these private schools are financially unattainable for many Americans. Bureaucratic overload, city corruption, inequities in funding, and frequent teachers’ strikes have certainly contributed to the destitute state of Illinois’ public education. In this thesis, the attainability of fiscal relief for Illinois families who choose alternative education and the necessity of the state in permitting such alternatives is discussed.
Current school choice policies in the …
An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur
An Evidence-Based Approach To Improving The Quality Of Sex Education In Ohio, Alyssa Buschur
Honors Projects
Sex education is arguably one of the most controversial subjects in the United States education system. Because education is primarily considered a state’s responsibility, it is difficult to ensure consistent material is being taught from state to state. Although comprehensive sex education has been proven to be effective, most states including Ohio, lean towards an abstinence-only approach. Ohio currently has very vague and limited sex education policies. In this paper, I will analyze sex education at the federal, state, and district levels (in Ohio) to determine the current state of affairs. I will utilize a case-study analysis of three Ohio …
Expiration Of The Sunset Clause: Is The Clock Ticking For The Grutter Standard And Affirmative Action In Higher Education?, Simona Stodulkova
Expiration Of The Sunset Clause: Is The Clock Ticking For The Grutter Standard And Affirmative Action In Higher Education?, Simona Stodulkova
GGU Law Review Blog
Affirmative action, an active effort to provide access to educational and employment opportunities to historically underrepresented groups, is now in danger of being eradicated by the Supreme Court. While the Court upheld affirmative action in Grutter v. Bollinger in 2003, it suggested in its “sunset clause” of the opinion that the issue should be revisited in twenty-five years. Two cases concerning affirmative action in higher education are now before the current conservative-led Court, which has already indicated that it is prepared to overrule its precedent.
Affirmative action in higher education has been advanced as a solution to past discriminatory …
Covid-19'S Effects On Students' Educational Growth, Anna Chavez Maples
Covid-19'S Effects On Students' Educational Growth, Anna Chavez Maples
Student Research Submissions
The Coronavirus Disease 2019 (COVID-19) pandemic has affected the education system drastically and created many challenges for families as well as schools. When schools moved to online and virtual learning, many students began to fall behind in their education and the Every Student Succeeds Act (ESSA) became harder for schools to meet. The following research explored the effects the pandemic caused in schools and how far behind students are today with their education and socialization. The results of this research will share ways to help today’s students catch up in their education so that they can reach their full potential.
The Marathon Continues: Texas Nil Has Room To Grow, Johnathon Blaine
The Marathon Continues: Texas Nil Has Room To Grow, Johnathon Blaine
Texas A&M Journal of Property Law
College athletes are now permitted to profit off their name, image, and likeness. However, while a hodgepodge of different regulations exists state-by-state and Congress continues to drag its feet to pass a federal framework, Texas restricts college athletes from maximizing their name, image, and likeness earning potential. This Comment proposes improvements to Senate Bill 1385 that would allow college athletes in Texas to partner with the same categories of “taboo” products as their respective university and to endorse products from competing brands, provided such endorsement is outside of a university-sponsored event, with an exception allowing unrestricted endorsement of footwear. This …
Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell
Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell
Pepperdine Law Review
That a qualified teacher workforce functions as the most important factor affecting student learning and achievement is beyond dispute. Yet, the right to education—which is a state obligation codified within all fifty 50 state constitutions—has been vindicated largely within the province of school finance litigation. Indeed, for nearly five decades, education litigants have brought school finance disputes in virtually every state, succeeding in more than half of them. Despite the hard-won victories notched by education litigants over this time, however, courts adjudicating school finance disputes have largely failed to move beyond declaring simple proscriptions on facially unequal school funding regimes. …
Put Your Money Where Their Mouths Are: A Case For State-Based Investment In Anti-Shaming Policies For School Lunch Programs, Shayna Roth
Northwestern Journal of Law & Social Policy
Despite its goals for feeding hungry students, the federal government’s National School Lunch Program falls short due to a lack of guidance and resources. One consequence of these circumstances is shaming practices where schools use fear, punishment, and socioeconomic segregation tactics to mitigate meal price deficits. The federal government and several state governments attempt, and sometimes succeed, to enact legislation to improve school lunch programs, but efforts are few and far between. This Note draws on effective state laws to advocate for increased legislative action on school meals across all states, specifically addressing and prohibiting shaming practices. Eliminating this barrier …
Racial Isolation, School Police, And The “School-To-Prison Pipeline”: An Empirical Perspective On The Enduring Salience Of “Tipping Points”, Michael Heise
Buffalo Law Review
Two broad trends inform public K-12 education’s current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource officer (“SRO/police”) presence in schools. Increases in the magnitude of a school’s SRO/police presence correspond with increases in the school’s propensity to engage law enforcement agencies in student disciplinary matters which, in turn, help fuel a growing school-to-prison pipeline problem. While these two broad trends propel two distinct research literatures, …
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis
Washington and Lee Journal of Civil Rights and Social Justice
On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …
"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada
"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada
Articles
This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie
Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie
Buffalo Law Review
No abstract provided.
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 …
How Law Schools Can Fight For Fearless Speech, Mary Anne Franks
How Law Schools Can Fight For Fearless Speech, Mary Anne Franks
Articles
No abstract provided.
Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano
Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano
William & Mary Journal of Race, Gender, and Social Justice
This Note will discuss the Supreme Court’s holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students and Autistic students who are subject to the harshest treatment.
This Note will outline the different avenues that courts could and should take to overrule Ingraham. Because a circuit split exists—on the issue of how to resolve these claims—overturning Ingraham and declaring corporal punishment per …