Law Commons^™

Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe

Missouri Law Review

This Article exposes the problems created by T.L.O. and its progeny, analyzes the Safford decision, and proposes recommendations for lower courts, legislatures, and local school boards to redress the current strip search crisis in public schools. Part II explains the T.L.O. two-prong test and illustrates the problems the T.L.O. Court and lower courts have had in applying it, specifically in strip search cases. Part III analyzes the Safford opinion and its ramifications. Part IV proposes ways in which lower courts, legislatures, and local school boards can redress the problems created by TL.O. and Saf ford so that officials will no …

Ilsa Journal Of International And Comparative Law-Volume 17-2010-2011, Nathaniel G. Dutt, Reasey Ngoun-Colon, Stephanie A. Fensterscheib, William L. Tucker, Nazarena Celeste Ocon, Christine M. Whited, Retta Jane Rico, Stephanie M. Taylor, Corey K. Setterlund

ILSA Journal Mastheads

No abstract provided.

Criminal Procedure - Powers V. Plumas Unified School District, Marnee Milner

Golden Gate University Law Review

In a matter of first impression, the Ninth Circuit in Powers v. Plumas Unified School District addresses whether a dog sniff of a person constitutes a search under the Fourth Amendment. Because the United States Supreme Court has yet to address this issue, there is a split among circuit courts. The Fifth Circuit, contrary to the Seventh Circuit, holds that a dog sniff of a person constitutes a search. The Ninth Circuit agrees with the Fifth Circuit. In Powers, the Ninth Circuit found that a dog sniff of the plaintiff deprived him of his constitutional right to be free from …

These Rules Are Made To Be Broken Down: Teaching Students The Art Of Deconstructing Rules Of Law, Jeremiah A. Ho

Jeremiah A Ho

ABSTRACT

THESE RULES ARE MADE TO BE BROKEN DOWN: TEACHING STUDENTS THE ART OF DECONSTRUCTING RULES OF LAW

JEREMIAH A. HO

Despite its often contended (and oft-contentious) meanings, legal academics and educators still resort to the now-entrenched phrase,“think like a lawyer,” to describe the goal of law schools in educating their students. But even a brief deconstruction of the phrase brings its varied interpretations to light: What does it mean to “think like a lawyer”? It might easily imply an existing difference from thinking like a doctor, a banker, or a representative from another profession. But within the law, does …

Constitutional Law, Maria Mandolini-Astengo

Golden Gate University Law Review

No abstract provided.

Crisis On Campus: Student Access To Health Care, Bryan A. Liang

University of Michigan Journal of Law Reform

College-aged adults are an overrepresented group in the uninsured population of the United States, and traditionally underserved minorities are disproportionately affected. Students with private health insurance are often functionally uninsured as well, since most schools refuse to accept this traditionally elite calling card on campus. Consequently, the large uninsured and functionally uninsured populations often rely on school-sponsored health insurance plans for access to care. These plans have uneven coverage, limited benefits, exclusions and high co-pays and deductibles, and provide little health care security for their beneficiaries. Further, schools and insurance companies have profited substantially from these student plans, raising the …

Please Check One—Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

Law Student Publications

While litigation in this field has rarely involved colleges and universities, collegiate environments are often the “forefront for social activism,”5 so it is likely the issue of transgender housing discrimination will soon explode on campus. It is now critical that colleges, universities, and the counsel who represent them either prepare to address these issues when they arise or explore possibilities to preempt the legal issues that will surely arise at their schools. Part II of this comment discusses the legal definition of transgender. Part III examines the history of the treatment of transgender persons in American courts, as well as …

The Educational Pipeline To Law School—Too Broken And Too Narrow To Provide Diversity, Sarah E. Redfield

The University of New Hampshire Law Review

[Excerpt] “The legal profession remains markedly out of sync with the changing demographics of the country, where the population is projected to be over 50 percent minority by 2050. Against this trend, law school enrollment hovers around 20 percent minority, including over 7 percent Asian students. Enrollment of some minority groups shows a decline rather than improvement. These numbers will remain static or continue to decline if the profession does not pay far more serious attention to the current leaks and gaps along the educational pipeline, far before students seek admission at the law school gates.”

Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the most recent State Board of Education meeting, State Education Commissioner Tom Kimbrell addressed the need for more monitoring of charter schools to ensure that these schools meet their stated goals, including the types of students they intend to serve and the scope of the schools’ curricula. Additionally, he noted that the current process for reviewing applications for charter schools is inadequate, and acknowledged the need for a more systematic review process. As a result, Dr. Kimbrell reported that the state is planning to create a charter review council that will serve two important functions: reviewing charter applications prior …

Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World, Christopher A. Suarez

Michigan Journal of Race and Law

Sheff v. O'Neill ushered in a new wave of education reform litigation that may challenge the constitutionality of de facto segregation under state education clauses, but its remedy has been inadequate. This Note proposes a new desegregation remedy-the sliding scale remedy-to address socioeconomic isolation in this unique constitutional context. The remedy employs varying degrees of equity power depending on students' academic outcomes. It balances concerns over local control and separation of powers with the court's need to effectuate right, establishes a clear remedial principle, and ensures that states and school districts focus on students as they implement remedies.

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 …

Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson

Marquette Sports Law Review

No abstract provided.

Class Of 2013, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2013 at the T. C. Williams School of Law.

Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker

NYLS Law Review

No abstract provided.

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This article examines the Supreme Court’s student speech framework and argues that, in focusing exclusively on the types of student speech that can be restricted, the framework fails to build in any differentiation as to how such speech can be restricted. This is true even though there are two very distinct types of speech restrictions in schools: suppression of the speech itself; and after-the-fact punishment of the student speaker. As the student speech landscape itself gets more complex – given schools’ experimentation with new disciplinary regimes along with the tremendous rise in student cyber-speech – the blurring of that distinction …

Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students., Joseph O. Oluwole

St. Mary's Law Journal

Safford Unified Sch. Dist. No. 1 v. Redding (Redding III) represents a pivotal decision in school search and seizure jurisprudence, specifically regarding strip searches of students. Redding III establishes constraints specific to strip searches on the search and seizure authority of school officials. Redding III is intended to provide a uniform test for the judiciary and school officials when evaluating the reasonableness of strip searches of students. The Court explicitly interposed a “reliable knowledge” element requiring: (1) the degree to which known facts imply prohibited conduct; (2) the specificity of the information received; and (3) the reliability of its source. …

Decriminalizing Students With Disabilities, Dean Rivkin

Scholarly Works

Despite the enactment of the Individuals With Disabilities Education Act (IDEA) in 1975, students with disabilities have been disproportionally singled out for school exclusion and “push-out” through disciplinary actions, inadequate educational programs, and criminal prosecution. In Honig v. Doe, 484 U.S. 305 (1988), the United States Supreme Court condemned the disciplinary exclusion of students for behaviors that were manifestations of the students’ emotional disabilities. Criminal prosecution of students for disability-related behavior was curbed in the case of Morgan v. Chris L., 927 F. Supp. 267 (E.D. Tenn 1994), aff’d 106 F.3d 401 (6th Cir. 1997). This article examines the Chris …

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.