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Full-Text Articles in Law
Kennedy V. Bremerton School District: A Fumble The Supreme Court Needs To Recover, Emily C. Neely
Kennedy V. Bremerton School District: A Fumble The Supreme Court Needs To Recover, Emily C. Neely
Northern Illinois Law Review Supplement
Many people support one or the other: freedom of religion or freedom from religion. Current Supreme Court case law favors the protection of students' rights under the Establishment Clause. However, First Amendment free speech rights for public officials do not enjoy the same protection. Previous notes seek to affirm the constitutionality of restricting the speech of public officials in deference to the Establishment Clause. This Note differs from those, however, by acknowledging the prominent role that the Establishment Clause plays in protecting student rights, but also advocating for greater First Amendment protection for public officials.
Harper V. Poway Unified School District: The Wrong Path To The Right Outcome?, Mark A. Perlaky
Harper V. Poway Unified School District: The Wrong Path To The Right Outcome?, Mark A. Perlaky
Northern Illinois University Law Review
A case note looking at the case of Harper v. Poway Unified School District, where a high school student wished to wear a t-shirt to school that was derogatory towards homosexual students and was met with discipline by school officials. The note observes the 9th Circuit's holding that Harper had violated the "rights of others" prong of Tinker v. Des Moines Independent School District, while suggesting that the appellate court was not entirely correct in its holdings. The note then examines how other school speech cases, including Bethel School District No. 403 v. Fraser, and Hazelwood School District v. Kuhlmeier, …
Injustice In Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected, Heather K. Lloyd
Injustice In Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected, Heather K. Lloyd
Northern Illinois University Law Review
For many years, the Supreme Court and lower courts have been struggling to protect students' free speech rights while allowing school officials to operate schools efficiently and effectively. In the past this balance was struck in favor of protecting students' rights by only allowing regulations that are necessary to avoid substantial disruption to the school environment. For the past fourteen years, however, the balance has been struck in favor of schools and against protecting students' rights by upholding the regulations of school officials as long as they are reasonable. This lower standard of scrutiny for school regulations imposed on students …
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
Northern Illinois University Law Review
This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Northern Illinois University Law Review
The goal of this comment is to illustrate the need for courts to develop a uniform approach to remedying severe sexual harassment in the schools. The comment examines the recent split among the courts in their interpretation and application of Section 1983 and Title IX to peer sexual harassment claims. Recommendations are made to the courts for resolving the split and in particular, to expand and adopt a uniform standard of liability and to follow the Eleventh Circuit's standard for determining when peer sexual harassment is so severe as to require a remedy by the courts.
The Disparate Treatment Of Student And Family Farmer Debtors: Suggestions For Statutory Reform Of Bankruptcy Policy, Nancy H. Kratzke, Thomas O. Depperschmidt
The Disparate Treatment Of Student And Family Farmer Debtors: Suggestions For Statutory Reform Of Bankruptcy Policy, Nancy H. Kratzke, Thomas O. Depperschmidt
Northern Illinois University Law Review
The resolution of bankruptcy litigation involving individuals under the governmental student loan programs and family farmers under Chapter 12 of the Bankruptcy Code provides an intriguing insight into congressional policy. That divergence is especially prominent in the treatment of "disposable income" under these two statutory provisions. When deciding issues relating to whether income should go to unsecured creditors or be used to offset future farming costs, courts tend to interpret the Code in favor of debtors; conversely, the Code creates, and courts perpetuate through their rulings, a clear presumption against discharging student loan obligations. The debtor will prevail only if …
Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler
Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler
Northern Illinois University Law Review
Following a brief review of the costs that student vandalism imposes upon society, and the history of discipline in public education, this Article turns to a discussion of the part due process considerations must play in Illinois school officials' decisions to suspend or expel pupils. Despite both procedural and substantive guarantees for students, the power to decisively act against vandals threatening to impede the educational process remains broad. An appendix to the Article sets forth a proposed regulation to assist educators in dealing with student vandals.