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Full-Text Articles in Law
Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha
Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha
Missouri Law Review
Part II of this Note discusses the legal context in which this issue must be framed and gives a brief history of how the courts have handled public school drug-testing policies to this point. Part III examines the current state of drug testing in the academic setting – specifically focusing on the ongoing legal situation at Linn State. Part IV delves into questions concerning the Eighth Circuit’s current treatment of the Linn State situation, as well as the potential approaches that the judiciary could take in future cases.
Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter
Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter
Missouri Law Review
Although the questions about whether transgender students have a right to use the restrooms of their gender identity in public schools have been centered on moral and religious concerns, this Note does not focus on those aspects. Instead, it focuses on legal precedent and the implications of developing law on the issue in Missouri. The first half of this Note discusses the federal and state legal backgrounds of transgender students’ right to use the restroom of their gender identity, while the second half discusses the need for the Missouri General Assembly to adopt a specific statute protecting this right.
We Have To Do Better: Attacking Teacher Tenure Is Not The Way To Solve Education Inequity, Ellen Henrion
We Have To Do Better: Attacking Teacher Tenure Is Not The Way To Solve Education Inequity, Ellen Henrion
Missouri Law Review
“[I]t is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” In Brown v. Board of Education, the Supreme Court of the United States struck down public school segregation laws and declared that equal access to education was a right that must be afforded to every student. Sixty years after this landmark decision, significant education equity issues continue to plague the country’s schools, which …
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
Journal of Dispute Resolution
This legislative analysis will look to conflict and dispute resolution in schools, along with how that conflict has been traditionally managed. Next, this article will examine some of the benefits that can be achieved by implementing forms of alternative dispute resolution in schools and the limitations to these benefits. Finally, this article will focus on the legislative response to the ever-present epidemic of conflict in our schools, including recent pieces of legislation in Louisiana and Massachusetts.
Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard
Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard
Missouri Law Review
This Note first discusses the Breitenfeld decision and then explores the prior cases and legislation leading up to the Breitenfeld decision. In discussing Breitenfeld, this Note describes how the transfer law will affect transferred students, unaccredited districts forced to pay tuition, accredited districts forced to accept transfer students, and the public school accreditation system in Missouri. Finally, this Note proposes that because the adverse consequences outweigh the benefits of the law, action must be taken so that unaccredited school districts can have a fighting chance to become accredited again. Legislative change is necessary because a solution is not forthcoming from …
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri Law Review
Education and education reform are often at the forefront of the public consciousness. Currently, three large public school systems in Missouri are at a crossroads: Kansas City Public Schools, which became unaccredited in 2012; the Normandy and Riverview Gardens School Districts of St. Louis, which were re-classified as unaccredited in 2013; and St. Louis Public Schools, whose provisional accreditation was in question after 2013 test results. The education systems in Missouri’s two largest cities, the lifeblood of the state, are in varying states of accreditation, and a looming question, with recent cases such as Breitenfeld v. School District of Clayton, …
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
Missouri Law Review
To most Americans, the First Amendment's Free Speech Clause is among the most sacred provisions of the Constitution. At first reading, it seems a broad guarantee of the right of citizens to speak their mind without limitation. But the jurisprudence on the clause shows that the law governing free speech is far from uncomplicated. The analysis is made more complex in the context of student speech due to a different set of standards governing the rights of students while they are under the care of their schools. S.J.W ex rel. Wilson v. Lee's Summit R-7 School District, a recent Eighth …
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
Faculty Publications
Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …
Cause For Action For Student-On-Student Sexual Harassment Under The Missouri Human Rights Act, A , Amanda N. Johnson
Cause For Action For Student-On-Student Sexual Harassment Under The Missouri Human Rights Act, A , Amanda N. Johnson
Missouri Law Review
This Note argues that a cause of action under the MHRA is problematic because it misapplies the law with respect to public schools, creating limitless liability against school districts. The cost of damages and legal fees could overwhelm many of Missouri’s school districts, taking taxpayer money from funding education and putting it in the pockets of attorneys and plaintiffs.
The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen
The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen
Missouri Law Review
Part II of this Comment will provide a detailed history about the development of charter schools nationally. Part III then answers the question of whether widespread support for charter schools is a wise policy choice. Part IV outlines how Missouri has created a strong charter culture, while Part V discusses how Georgia failed to do so, and the consequences of each of those decisions. The Comment finally concludes by arguing for the continued judicial support and more purposeful legislative support of charter schools.
Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle
Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle
Missouri Law Review
This Article will offer a brief critique of current bullying legislation and suggest changes to the legislation designed to achieve the good intentions that usually motivate such legislative efforts. It will also briefly address some of the less well-meaning legislative efforts and suggest that legislators duped by their uncharitable colleagues into passing counter-productive bullying legislation take the necessary steps to reverse the damage. Because of the brevity of this Article, I will focus primarily upon weaknesses that legislatures should address and will not discuss the strengths that can be found in a few legislative efforts to deal with bullying in …
Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel
Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel
Missouri Law Review
In a recent Missouri case, Homa v. Carthage R-IX School District, the Court of Appeals for the Southern District upheld the Carthage School District's decision to terminate one of its program directors for engaging in "immoral conduct."6 The Carthage school board terminated Lynda Homa, a teacher, and the director of its Parents-as-Teachers program, after it found that Homa authorized a parent-educator to visit an incarcerated program participant to convince the participant to put her child up for adoption.7 Interestingly, the court did not base its determination solely on the inappropriate adoption discussion. In its opinion, the court put Freater emphasis …
Regulating Student Cyberspeech, Barry P. Mcdonald
Regulating Student Cyberspeech, Barry P. Mcdonald
Missouri Law Review
Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
Missouri Law Review
This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Missouri Law Review
This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. Part II begins by analyzing federal law applicable to students bringing service and assistance animals to campus. Part III explores the use of animal-assisted activities on campus. Part IV continues with an examination of policies allowing students to have companion animals in campus housing. Part V considers concerns administrators raise about allowing animals on campus. Finally, Part VI sets forth the steps an educational institution should implement to ensure compliance with the law and proposes actions that can be taken …
Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine
Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine
Missouri Law Review
The American Recovery and Reinvestment Act (ARRA), aimed at stimulating and stabilizing the American economy during the worst financial crisis since the Great Depression, reflects significant new dimensions of federal action in the area of educational reform. In addition to saving jobs in the educator workforce, the ARRA was designed to spark the implementation of specific reform strategies in states and schools and lay a foundation for the Obama administration's subsequent educational reform efforts, including the impending reauthorization of the No Child Left Behind Act of 2001. While the goals of the educational reform provisions of the ARRA are laudable, …
Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe
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 …
Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon
Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon
Missouri Law Review
This Note addresses the challenges that courts face in balancing the legislative purpose of IDEA with its practical application. At its core, IDEA was enacted to preserve the right of all children to a "free appropriate public education" (FAPE), including special needs students who, under the law, have "the right to sit in the same classrooms, to learn the same skills, [and] to dream the same dreams as their fellow Americans." At the same time, IDEA and its amendments emphasize that "parents [need] a greater voice in their children's education." These goals can create a disconnect between what schools must …
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Missouri Law Review
In this short Article, I sketch the methodology my colleagues and I at Pace Law School use to incorporate practice standards into our clinical teaching and reflect on how a standards-based teaching paradigm could be adapted to the training, supervision, and evaluation of public defenders. Then, I briefly consider how standards and standards-based teaching assist in the administration of assigned counsel plans and in the evaluation of the performance of public defender organizations. Although this Article does not cover any of these topics in depth, my goal is to introduce the reader to a standards-based approach to teaching and suggest …
Silencing The Rebel Yell: The Eighth Circuit Upholds A Public School's Ban On Confederate Flags, Lucinda Housley Luetkemeyer
Silencing The Rebel Yell: The Eighth Circuit Upholds A Public School's Ban On Confederate Flags, Lucinda Housley Luetkemeyer
Missouri Law Review
In 2009, the United States Court of Appeals for the Eighth Circuit heard for the first time a case challenging the constitutionality of a public school's ban on the display of Confederate flags. When the Eighth Circuit faced this situation in B. WA. v. Farmington R- 7 School District (B. WA. v. Farmington), it attempted to balance the competing interests of protecting students' free speech rights and avoiding future disruption and danger to the learning environment. In doing so, the court adhered to the reasoning established by its sister circuits and set a precedent within the Eighth Circuit that shifts …
Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith
Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith
Missouri Law Review
Missouri has been home to many of the landmark moments in the struggle for racial equality. The Missouri Compromise saved the Union; almost four decades later, the determination that Missouri slave Dred Scott was mere property split the Union. During the Civil War that followed, more battles and skirmishes took place in Missouri than in any other state outside of Virginia and Tennessee. After the Civil War Amendments abolished slavery and guaranteed every person equal protection of the law, the United States Supreme Court allowed a Jefferson City, Missouri, inn to refuse service to blacks. The Court later relied upon …
Unexcused Absence: A Review Of The Need, Costs, And (Lack Of) State Support For Peer Mediation Programs In U.S. Schools, Matthew D. Decker
Unexcused Absence: A Review Of The Need, Costs, And (Lack Of) State Support For Peer Mediation Programs In U.S. Schools, Matthew D. Decker
Journal of Dispute Resolution
You might not have heard about peer mediation lately. You might not have heard about it at all. That's a problem. Peer mediation, though grossly underutilized, could be the potent and cost-effective answer to many of the problems facing U.S. schools.
Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli
Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli
Missouri Law Review
This Essay will discuss the impact that recognizing religious and philosophical exemptions to mandatory school vaccinations may have on society, with a particular focus on who should bear the costs of the negative externalities created by widespread use of such exemptions. Part I will discuss the rationale behind mandatory vaccinations and identify the costs associated with religious and philosophical exemptions. Part II will discuss the current state of school vaccination law and explain why society cannot expect legislatures to completely eliminate religious and philosophical exemptions or rely on the judiciary to provide a proper check on the abuse of such …
On Becoming A Collaborative Professional: From Paradigm Shifting To Transformative Learning Through Critical Reflection And Dialogue, Richard W. Shields
On Becoming A Collaborative Professional: From Paradigm Shifting To Transformative Learning Through Critical Reflection And Dialogue, Richard W. Shields
Journal of Dispute Resolution
In Part II, I provide a brief overview of CL and its underlying assumptions. A description of CL training and learning objectives follows in Parts III and IV. In Parts V and VI, I review the paradigm shifting and transformative learning literature. I provide an overview of the study in Part VII, followed by my analysis of the data in Parts VIII and IX. In Part X, I conclude with a discussion of critical reflection and dialogue in a CL training context.
Segmented Rankings For Segmented Markets, Rafael Gely
Segmented Rankings For Segmented Markets, Rafael Gely
Faculty Publications
A joke frequently told by and about economists begins with a group of colleagues searching one night under a lamppost for a key in a gutter. A bystander asks the group where they have lost the key. The economists explain that although they had lost the key in a gutter some distance away, they were looking under the lamppost because the light was better there. The three articles in this panel remind me of this story, albeit in a non-conventional way. By exploring issues regarding the broader context in which rankings exist, the three articles encourage us to look not …
Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron
Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron
Faculty Publications
This Symposium is an outgrowth of our Moneyball article. With the approaching twentieth anniversary of the first U.S. News law school rankings, it is a particularly propitious time to take a fresh look, to hear new voices, and to reconsider issues surrounding law school rankings. Many of America's most thoughtful law professors (as well as academics in other disciplines) gathered on April 15, 2005 at the Indiana University School of Law--Bloomington to discuss “The Next Generation of Law School Rankings.” Many of the participants previously have written about law school rankings, but others have not--all are poets, and many have …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert
Faculty Publications
The Executive Committee of the Association of American Law Schools has adopted a Statement of Good Practices that purports to limit the times when law schools may make offers to hire faculty members at other schools. Schools are generally not to make offers for indefinite appointments to professors on other faculties after March 1, subject to extension for two months with the consent of the incumbent's dean. They also are not to make offers contemplating resignation from a current faculty position more than two weeks following those deadlines. Proceeding on the assumption that the AALS policy, whose express terms are …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Faculty Publications
The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Journal of Dispute Resolution
One of the primary goals of the Center for the Study of Dispute Resolution (CSDR) at the University of Missouri-Columbia School of Law has been to develop innovative and alternative teaching models that prepare law students to be better, more responsive lawyers and to broaden the philosophical maps (or mental models or mind sets) with which they approach their work
Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison
Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison
Missouri Law Review
This Article examines the school voucher debate. Because “the causes of poverty within the black community are both structural and behavioral,” and because the available evidence provides an inferential connection between education and poverty, I contend that the reigning legal and political theory as embedded in, and as explicated by the constitutional jurisprudence of the Zelman dissenters, and as exemplified by other commentators, fails to address adequately racial disparity and neglects to consider adequately the victims of the current public school hegemony. Hence, the legitimacy of much of the current opposition to school vouchers remains indefensible form an outsider perspective.