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Full-Text Articles in Law
"Undue Hardship" And Uninsured Americans: How Access To Healthcare Should Impact Student-Loan Discharge In Bankruptcy, Alexander Gouzoules
"Undue Hardship" And Uninsured Americans: How Access To Healthcare Should Impact Student-Loan Discharge In Bankruptcy, Alexander Gouzoules
Faculty Publications
Student-loan debt has grown to unprecedented heights. Contributing to the severe burden imposed by these debts is the Bankruptcy Code’s unique presumption that they are not dischargeable. To overcome that presumption, a debtor must establish that repayment of her loans would constitute an “undue hardship.” This essay examines the disagreement among bankruptcy courts that have interpreted the “undue hardship” standard in situations where a debtor is unable to afford health insurance—a common occurrence among the economically disadvantaged. After examining recent healthcare reforms, I argue that Congress has expressed a judgment that all Americans should obtain minimum essential healthcare. Though this …
A First Amendment Deference Approach For Reforming Anti-Bullying Laws, Emily Suski
A First Amendment Deference Approach For Reforming Anti-Bullying Laws, Emily Suski
Faculty Publications
This Article examines the anti-bullying laws and their response to the problem of bullying in light of both the nature of the problem itself, the interventions the laws call for, and the laws’ First Amendment implications. Bullying has many varied, negative consequences, some tragic, and is widespread. Yet, the anti-bullying laws disproportionately focus schools’ responses to bullying on school exclusion, meaning suspending, expelling or otherwise excluding students who bully from school. This is so even though social science literature has found school exclusion ineffective and sometimes counterproductive as a method for addressing bullying. What is more, because much of bullying …
Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks
Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks
Faculty Publications
No abstract provided.
Policing School Discipline, Catherine Y. Kim
Policing School Discipline, Catherine Y. Kim
Faculty Publications
No abstract provided.
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Faculty Publications
No abstract provided.
The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower
The Future Of Educational Diversity: Old Decrees, New Challenges, John Charles Boger, Elizabeth Jean Bower
Faculty Publications
No abstract provided.
The Emerging Law Of Race And Student Assignment Plans, John Charles Boger, Elizabeth Jean Bower
The Emerging Law Of Race And Student Assignment Plans, John Charles Boger, Elizabeth Jean Bower
Faculty Publications
No abstract provided.
The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer
Faculty Publications
The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …
The 1995 National Asian American Studies Examination In U.S. High Schools, Andrew Chin
The 1995 National Asian American Studies Examination In U.S. High Schools, Andrew Chin
Faculty Publications
No abstract provided.
Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins
Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins
Faculty Publications
No abstract provided.