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Articles 1 - 29 of 29
Full-Text Articles in Law
Death Or Transformation? Educational Autonomy In The Roberts Court, Elizabeth Dale
Death Or Transformation? Educational Autonomy In The Roberts Court, Elizabeth Dale
Elizabeth Dale
In the aftermath of the Supreme Court's decisions in Grutter and Gratz a number of commentators argued that the Court had begun to embrace a new constitutional doctrine that required deference to the decisions of some institutions. Most notably they asserted that the Court would defer within the field of education. But even as they suggested that the Court was more willing to explore the doctrine, those two opinions left several large questions unanswered: Did the Court's embrace of institutional autonomy extend beyond higher education, into the K-12 realm? If so, what were its bounds? Was the doctrine only relevant …
Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon
Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon
Jon L. Mills
Among the nine revisions proposed to Florida voters by the Constitution Revision Commission in 1998, Revision 6 fundamentally enhanced Florida's responsibility for public education. Revision 6 amended Article IX, Section 1, of the Florida Constitution, which sets forth the State's duty to provide for public education. Entitled “PUBLIC EDUCATION OF CHILDREN,” Revision 6 makes a declaration of the relative importance of education to the people of Florida, and describes as “paramount” the duty of the state to adequately provide for education. Revision 6 goes on to detail and raise the constitutional standard for what constitutes “adequate provision” for public education, …
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Jason P. Nance
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by schools officials to prevent school crime: random, suspicionless searches of students’ belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a weapons or substance problem in their schools. Second, it provides normative considerations against implementing strict security measures in schools, especially when they are applied disproportionately on minority students. Third, drawing on recent restricted data from the U.S. Department of Education’s School Survey on Crime and Safety, it provides empirical findings that raise …
School Security Considerations After Newtown, Jason P. Nance
School Security Considerations After Newtown, Jason P. Nance
Jason P. Nance
On December 14, 2012, and in the weeks thereafter, our country mourned the deaths of twenty children and six educators who were brutally shot and killed at Sandy Hook Elementary School in Newtown, Connecticut. Since the horrific massacre, parents, educators, and lawmakers have understandably turned their attention to implementing stronger security measures in schools. This essay provides important points for policymakers and school officials to consider before embarking on a new phase of school security upgrades.
Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel
Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel
Jason P. Nance
Virtually all courts recognize that a child abuse reporting statute creates a duty to children, the breach of which is the basis of a civil suit for damages. Normally, courts recognize a duty only to the minor child about whom school officials have received the abuse reports. In 2004, the Supreme Court of Ohio extended this duty to third party student victims. Thus, causes of action may now be brought against school districts when a school employee abuses one student, school officials fail to report the abuse, and the same employee abuses a different student. Public school students who are …
Students, Security, And Race, Jason P. Nance
Students, Security, And Race, Jason P. Nance
Jason P. Nance
In the wake of the terrible shootings in Newtown, Connecticut, our nation has turned its attention to school security. For example, several states have passed or are considering passing legislation that will provide new funding to schools for security equipment and law enforcement officers. Strict security measures in schools are certainly not new. In response to prior acts of school violence, many public schools for years have relied on metal detectors, random sweeps, locked gates, surveillance cameras, and law enforcement officers to promote school safety. Before policymakers and school officials invest more money in strict security measures, this Article provides …
School Surveillance And The Fourth Amendment, Jason P. Nance
School Surveillance And The Fourth Amendment, Jason P. Nance
Jason P. Nance
In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school …
Affirmative Action: Between The Oikos And Cosmos Review Essay: Richard Sander & Stuart Taylor, Jr., Mismatch: How Affirmative Action Hurts Students It's Intended To Help And Why Universities Won't Admit It, Harry G. Hutchinson
South Carolina Law Review
No abstract provided.
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
Akron Law Faculty Publications
Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel
Zorka Karanxha
Executive Overview • This article determines the frequency and outcomes of published court decisions under the IDEA for students from pre-K through grade 12, starting in January 1998 and ending in October 2012. • The frequency of these decisions trended upward during the 15-year period, particularly during the most recent five-year interval. • The conclusive outcomes favored districts on a 3:1 basis both overall and on relatively consistent longitudinal basis; however, the intermediate outcomes partially ameliorated this pronounced pro-district tendency. • The Second Circuit region (New York, Vermont, and Connecticut) had the highest volume of cases, and the Tenth Circuit …
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh
Kerry L Macintosh
Fertility in women declines significantly at age thirty-two and takes a sharp downward turn at age thirty-seven. Miscarriages also increase with age. In vitro fertilization cannot reverse the effects of aging, and embryo screening, egg freezing, and egg donation are imperfect solutions.
Unfortunately, many women fail to grasp these facts until it is too late. Various factors are to blame, including physicians who shy away from the topic of age-related fertility decline, persistent messaging about the need for pregnancy prevention (implying that conception is easy), and media accounts of celebrities who are pregnant in their forties.
This Article argues that …
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
David D. Butler
Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.
Be The Change, James R. Silkenat
Law School Training For Licensed Legal Technicians - Implications For The Consumer Market, Elizabeth S. Chambliss
Law School Training For Licensed Legal Technicians - Implications For The Consumer Market, Elizabeth S. Chambliss
South Carolina Law Review
No abstract provided.
On Task - Expanding The Boundaries Of Legal Education, Vordman Carlisle Traywick Iii
On Task - Expanding The Boundaries Of Legal Education, Vordman Carlisle Traywick Iii
South Carolina Law Review
No abstract provided.
Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Robynn K. Sturm, Julia A. Simon-Kerr
Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Robynn K. Sturm, Julia A. Simon-Kerr
Julia Simon-Kerr
In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiffs. Following two decades in which courts spurred significant reforms in our nation’s neediest schools by interpreting the education clauses of their state constitutions to guarantee an “adequate” education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation. Through an analysis of the latest body of cases, this paper shows that separation of powers concerns have begun to drive …
Transcending Equality Versus Adequacy, Joshua Weishart
Transcending Equality Versus Adequacy, Joshua Weishart
Law Faculty Scholarship
A debate about whether all children are entitled to an "equal" or an "adequate" education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on.
Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood to require a level of spending sufficient to satisfy some absolute, rather than relative, educational threshold In practice, however, many courts interpreting their states' constitutional …
Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.
Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.
Watt Lesley Black Jr.
This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for school administrators …
Going Back To The Drawing Board: Re-Entrenching The Higher Education Act To Restore Its Historical Policy Of Access, Twinette L. Johnson
Going Back To The Drawing Board: Re-Entrenching The Higher Education Act To Restore Its Historical Policy Of Access, Twinette L. Johnson
Journal Articles
This article explores both the historical entrenchment of the Higher Education Act (“HEA” or “the Act”) and ongoing attempts to retrench it. In it, I argue that Congress should return the HEA to its historical roots and enact reauthorizing legislation that will set the course for re-entrenching the Act and its historical policy. This re-entrenching will properly set the focus of the Act on providing widespread higher education access by creating and implementing new pathways (funding and otherwise) to that access.
In the article, I discuss the entrenchment of the HEA into American culture in an effort to understand the …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo
Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Masculinity And Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy C. Cantalupo
Masculinity And Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy C. Cantalupo
Nancy C Cantalupo
This article examines two recent “hot topics” related to Title IX of the Educational Amendments of 1972 (“Title IX”): sex-segregated schooling and gender-based violence including sexual harassment and bullying. First, in 2006, the Department of Education suspended Title IX’s prohibition of sex-segregated education in K-12 public schools amidst some sex segregation advocates’ claims that a “feminized” educational system causes sex discrimination against boys. Second, over the last decade an increasing number of boys have sued or complained against their schools for sex discrimination in the form of gender-based violence (including same-sex bullying, sexual harassment, hazing, and sexual violence).
This article …
In Defense Of Idea Due Process, Mark C. Weber
In Defense Of Idea Due Process, Mark C. Weber
Mark C. Weber
Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Mark C. Weber
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment discrimination …
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
School Surveillance And The Fourth Amendment, Jason P. Nance
School Surveillance And The Fourth Amendment, Jason P. Nance
UF Law Faculty Publications
In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The current jurisprudence interpreting the Fourth Amendment generally permits school officials to employ a variety of strict measures, separately or in conjunction, even when their use creates a prison-like environment for students. Yet, not all schools rely on such strict measures. Recent empirical evidence suggests that low-income and minority students are much more likely to experience intense security conditions in their school than other students, even after taking into account factors such as neighborhood crime, school …
Rife With Latent Power: Exploring The Reach Of The Irs To Determine Tax-Exempt Status According To Public Policy Rationale In An Era Of Judicial Deference, Amy Moore
Amy L Moore
Using the case of Bob Jones University v. United States as a springboard, this article contends that the IRS has the legal authority to revoke the 501(c)(3) tax-exempt statuses of any institution that the IRS deems to be in violation of public policy. The first step to such an expansion might be to apply to private, religious universities that practice discrimination in areas other than race (e.g. gender and sexual orientation). This article traces the background and analysis of the Supreme Court decision in Bob Jones and how the Court left the door open for the IRS to make other …
Distrust And Disclosure In Special Education Law, Martin A. Kotler
Distrust And Disclosure In Special Education Law, Martin A. Kotler
Martin A. Kotler
No abstract provided.
Education Reform And Labor-Management Cooperation: What Role For The Law?, Martin H. Malin
Education Reform And Labor-Management Cooperation: What Role For The Law?, Martin H. Malin
Martin H. Malin
No abstract provided.