Law Commons^™

Update: The Supreme Court And Affirmative Action, Charles J. Russo

Educational Leadership Faculty Publications

Few issues in education have generated more ongoing controversy during the last half-century than affirmative action. Supporters view it as a positive step to eliminate the effects of past discrimination. Conversely, critics speak of race-conscious policies that they maintain create greater problems by failing to address how granting preferences today remedies past inequities.

Although typically more contentious in higher education, affirmative action is the centerpiece of this column because of the impact that race-conscious policies can have on K–12 schools.

Front Matter, University Of Dayton

University of Dayton Law Review

No abstract provided.

Other People's Volatility: A Call For Rules That More Equitably Stabilize The Stock Market, Scott J. Colesanti

University of Dayton Law Review

No abstract provided.

Contraception And Corporate Personhood: Does The Free Exercise Clause Of The First Amendment Protect For-Profit Corporations That Oppose The Employer Mandate, John Lyle

University of Dayton Law Review

No abstract provided.

Fifth Amendment Rights: Questioning Students, Charles J. Russo

Educational Leadership Faculty Publications

Because juveniles are increasingly subject to questioning about their potential involvement in what may constitute adult criminal activities, the role of law enforcement personnel, including police officers and school resource officers (SROs), in interrogating students is worth visiting.

This column examines early litigation on student Fifth Amendment rights and a more recent case, N.C. v. Commonwealth (2013), in which an assistant principal (AP) interviewed a student about giving prescription drugs to a peer. The questioning took place in the presence of a deputy sheriff who served as an SRO but because the AP did not read the student his Miranda …

Taming A Dragon: Legislative History In Legal Analysis, Mark Deforrest

University of Dayton Law Review

No abstract provided.

Blurring The Boundaries: How The Additional Grounds For Post-Grant Review In The America Invents Act Raise Issues With Separation Of Powers And The Administrative Procedure Act, Benjamin J. Christoff

University of Dayton Law Review

No abstract provided.

Shields And Kirpans: How Rfra Promotes Irrational-Basis Review As For-Profit Companies Challenge The Affordable Care Act's Women's Health Amendment, Emily J. Urch

University of Dayton Law Review

No abstract provided.

Parallel Investigations Between Administrative And Law Enforcement Agencies: A Question Of Civil Liberties, Shiv Narayan Persaud

University of Dayton Law Review

No abstract provided.

Teaching “Scholarly Writing” In The First-Year Lwr Class: Bridging The Divide Between Scholarly And Practical Writing, Adam Todd

School of Law Faculty Publications

At a time when there are calls to make legal education more practical and less theoretical, this essay bucks the trend. This piece proposes that there is a need to include an appreciation for “academic” or “scholarly writing” alongside the “practical writing” taught in first-year legal writing classes.

Sniff Dogs In Schools: Do The Noses Know?, Charles J. Russo

Educational Leadership Faculty Publications

As drugs and other contraband made their way into schools starting in the 1960s, education leaders turned to drug-sniffing dogs, which typically work in conjunction with law enforcement officials, to detect the presence of contraband in learning environments. In fact, sniff dogs—or their noses—are a highly effective, reliable, and unobtrusive means of discovering potentially dangerous contraband, such as drugs, alcohol, and even gunpowder from firearms. Accordingly, the vast majority of courts have upheld the use of sniff dogs in schools when challenged under the Fourth Amendment’s prohibition against unreasonable searches and seizures.

The use of drug-sniffing dogs has come to …

Attending School Matters: Policies To Eliminate Chronic Absenteeism, Charles J. Russo, Carolyn Talbert-Johnson

Educational Leadership Faculty Publications

Chronic absenteeism is among the most pervasive challenges facing public education in the United States as 1 in 10 students misses a month or more of school annually. Further, approximately 7% of fourth and eighth graders miss at least a week of school per month, whereas an estimated 5.5% to 20% of students are absent every day in some urban schools where absentee rates reach as high as 30% (Balfanz and Byrnes 2012).

As education leaders and policy makers debate the merits of new intervention strategies under the No Child Left Behind Act and Individuals with Disabilities Education Act to …

Has Time Expired For Zero Tolerance Policies?, Charles J. Russo

Educational Leadership Faculty Publications

Zero-tolerance policies call for the consistent application of consequences for student offenses involving violence, bullying, tobacco, alcohol, drugs, and weapons in school or at school-sponsored events. As educators struggled to eliminate student violence during the last 25 years, states adopted zero-tolerance statutes to address the rise of juvenile delinquency and the possession of weapons and drugs in schools.

Insofar as debates over zero-tolerance policies rage as violence, bullying, drugs, tobacco, and weapons in schools continue to be a major concern for educators, the remainder of this column is divided into three substantive sections. The first section briefly reviews arguments in …

Due Process And Employee Performance, Charles J. Russo

Educational Leadership Faculty Publications

As school boards face financial challenges due to a faltering nation economy and increasing calls for accountability, school business officials and other education leaders need to develop plans for effective documentation of staff performance to justify employment decisions and to avoid unnecessary litigation.

All states require education leaders to provide varying levels of due process when dealing with teachers and other staff members with tenure or continuing contracts who are subject to discipline or dismissal, but the laws often leave practical details unanswered.

Assistive Technology And Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

As part of providing a free appropriate public education (FAPE) to students with disabilities, the Individuals with Disabilities Education Act (IDEA) requires school boards to offer assistive technology when necessary to ensure that students receive the educational benefits to which they are entitled.

As important as related services such as assistive technology (AT) are, the Supreme Court noted that school boards must provide such help only to the extent that it is necessary for students with disabilities to benefit from the programming identified in their individualized education plans (Irving Independent School District v. Tatro 1984). Although the related services mandate …

Front Matter, Volume 38, Number 3, University Of Dayton

University of Dayton Law Review

Table of contents, administrative information, masthead

Religious Freedom In The United States: When You Come To A Fork In The Road, Take It, Charles J. Russo

University of Dayton Law Review

No abstract provided.

Towards A More Comprehensive Approach To The Promotion Of Creativity, Henry Biggs

University of Dayton Law Review

No abstract provided.

Dying In Detention: Are Life Without Parole Sentences For Juvenile Non-Homicide Offenders Always Unconstitutionally Cruel And Unusual Under The Eighth Amendment?, Stephanie O'Banion

University of Dayton Law Review

No abstract provided.

Access To Facilities By Non-School Religious Groups: An Enduring Issue, Charles J. Russo

Educational Leadership Faculty Publications

Among the many duties of school business officials (SBOs), their boards, and other education leaders is establishing policies governing access to district facilities. When disputes over access are litigated, the judiciary walks a fine line, as courts generally grant school officials discretion in defining use policies. However, as discussed below, when it comes to granting access to public school facilities, educators cannot violate the constitutional rights of a group based on the religious content of its speech.

In light of the enduring issue over access to facilities by nonschool religious groups, this column reviews relevant Supreme Court precedent before examining …

Set Computers To Stun: Proposed Cyberwar Rules Of Engagement, Jeffrey Greenley

University of Dayton Law Review

No abstract provided.

Ohio Oil And Gas Litigation In The New Fracking Era, Blake A. Watson Prof.

Blake A Watson Prof.

Horizontal fracking has substantially changed oil and gas drilling in eastern Ohio. Part I of this article summarizes recent decisions concerning the state’s regulation of oil and gas drilling and production. Part II looks at prior and pending cases raising tort issues such as trespass, negligence, nuisance, and strict liability. Part III describes a variety of actions seeking to invalidate, terminate, interpret, and enforce leases.

Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss

School of Law Faculty Publications

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …

Getting Beyond Intuition In The Probable Cause Inquiry, Erica Goldberg

School of Law Faculty Publications

Courts are proudly resigned to the fact that the probable cause inquiry is “nontechnical.” In order to conduct a search or make an arrest, police need to satisfy the probable cause standard, which the Supreme Court has deemed “incapable of precise definition or quantification into percentages.” The flexibility of this elusive standard enables courts to defer to police officers’ reasonable judgments and expert intuitions in unique situations. However, police officers are increasingly using investigative techniques that replace their own observational skills with test results from some other source, such as drug sniffing dogs, facial recognition technology, and DNA matching. The …

Discrimination Based On National Origin And Ancestry: How The Goals Of Equality Have Failed To Address The Pervasive Stereotyping Of The Appalachian Tradition, Matthew H. Walker

University of Dayton Law Review

No abstract provided.

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Educational Leadership Faculty Publications

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …

Front Matter, Volume 38, Number 2, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information

Proximate Cause, Joint And Several Liability, And Child Pornography Possession: Determining And Calculating Restitution Awards Under 18 U.S.C.§ 2259, Dianne Weiskittle

University of Dayton Law Review

No abstract provided.

Comparison Of United States Aia First-Inventor-To-File With Chinese First-To-File, Jing Wang, Weidong Liu, Lei Zhang, Lei Han, Ningling Wang, Stacy Lewis, Christina N. Gervasi, Tom Irving

University of Dayton Law Review

No abstract provided.

Class Action Public Nuisance: Cleveland's Real Chance At Taking On Subprime Lenders, Nicholas W. Edwards

University of Dayton Law Review

No abstract provided.