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Articles 1 - 30 of 50
Full-Text Articles in Law
Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke
Defense Against The Dark Arts: The Diversity Rationale And The Failed Affirmative Defense Of Affirmative Action, Sheldon Bernard Lyke
Washington and Lee Law Review
Over the past forty years, affirmative action advocates have participated in a defensive campaign where they have admitted that affirmative action is a form of justified discrimination. This Article finds this a dangerous strategy because it allows for the practice of misguided beliefs about race and remedies for racism. When schools fail to fight the pernicious perception that affirmative action is a racial preference, they allow the bulk of society to participate in the belief that there are no other remedial justifications for affirmative action—like remedying an institution’s history of discrimination, or curing a school’s present and ongoing discrimination by …
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Washington and Lee Law Review
This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes …
Assessing Amateurism In College Sports, Casey E. Faucon
Assessing Amateurism In College Sports, Casey E. Faucon
Washington and Lee Law Review
College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes—85 percent of whom live below the poverty line—receive a share of zero. For over a century, we’ve justified this exploitative distribution scheme under a cloak of student-athlete “amateurism.” Antitrust challenges to the NCAA’s amateurism rules clash with the assumption that “amateurism” is a revered tradition and an important tenet …
The Golem In The Machine: Ferpa, Dirty Data, And Digital Distortion In The Education Record, Najarian R. Peters
The Golem In The Machine: Ferpa, Dirty Data, And Digital Distortion In The Education Record, Najarian R. Peters
Washington and Lee Law Review
Like its counterpart in the criminal justice system, dirty data—data that is inaccurate, incomplete, or misleading—in K-12 education records creates and catalyzes catastrophic life events. The presence of this data in any record suggests a lack of data integrity. The systemic problem of dirty data in education records means the data stewards of those records have failed to meet the data integrity requirements embedded in the Family Educational Rights and Privacy Act (FERPA). FERPA was designed to protect students and their education records from the negative impact of erroneous information rendered from the “private scribblings” of educators. The legislative history …
The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell
The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell
Washington and Lee Law Review
In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Washington and Lee Law Review
This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …
Squeezing Public Schools’ Lemons: Theorizing An Adequacy Challenge To Teacher Tenure, Peter M. Szeremeta
Squeezing Public Schools’ Lemons: Theorizing An Adequacy Challenge To Teacher Tenure, Peter M. Szeremeta
Washington and Lee Law Review
No abstract provided.
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
Washington and Lee Law Review
In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …
The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson
The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson
Washington and Lee Law Review
No abstract provided.
The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater
The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater
Washington and Lee Law Review
No abstract provided.
Risk-Based Student Loans , Michael Simkovic
Risk-Based Student Loans , Michael Simkovic
Washington and Lee Law Review
No abstract provided.
Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher
Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher
Washington and Lee Law Review
The for-profit higher education sector, primarily funded by federal student aid dollars, produces both the highest debts and defaults and lowest completion rates for its students. In response, the U.S. Department of Education (DOE) has promulgated the Gainful Employment Rule to require for-profit colleges and universities to meet either repayment or debt-to-income benchmarks to remain eligible to receive federal Higher Education Act funding. This Article describes the business model of the career colleges and their rapid growth over the last decade, the history of proprietary school regulation, the limited remedies for overindebtedness of former students, and the tests imposed by …
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Washington and Lee Law Review
On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Washington and Lee Law Review
No abstract provided.
Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald
Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald
Washington and Lee Law Review
Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy
Washington and Lee Law Review
No abstract provided.
"Appropriate Action," Inappropriately Defined: Amending The Equal Educational Opportunities Act Of 1974, Jessica R. Berenyi
"Appropriate Action," Inappropriately Defined: Amending The Equal Educational Opportunities Act Of 1974, Jessica R. Berenyi
Washington and Lee Law Review
No abstract provided.
Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray
Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray
Washington and Lee Law Review
No abstract provided.
Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer
Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer
Washington and Lee Law Review
No abstract provided.
Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley
Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley
Washington and Lee Law Review
No abstract provided.
Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider
Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider
Washington and Lee Law Review
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Washington and Lee Law Review
No abstract provided.
Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman
Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman
Washington and Lee Law Review
No abstract provided.
Who Owns Academic Freedom?: The Standard For Academic Free Speech At Public Universities, Stacy E. Smith
Who Owns Academic Freedom?: The Standard For Academic Free Speech At Public Universities, Stacy E. Smith
Washington and Lee Law Review
No abstract provided.
A Second Redemption?, Bradley W. Joondeph
A Second Redemption?, Bradley W. Joondeph
Washington and Lee Law Review
No abstract provided.
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg
Washington and Lee Law Review
No abstract provided.
John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson
John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson
Washington and Lee Law Review
No abstract provided.
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides
Washington and Lee Law Review
No abstract provided.
Vmi Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh
Vmi Essays: An Essay On Vmi And Military Service: Yes, We Do Have To Be Equal Together, Mary M. Cheh
Washington and Lee Law Review
No abstract provided.
Vmi Essays: The Virginia Military Institute And The Equal Protection Clause: A Factual And Legal Introduction, Jon Allyn Soderberg
Vmi Essays: The Virginia Military Institute And The Equal Protection Clause: A Factual And Legal Introduction, Jon Allyn Soderberg
Washington and Lee Law Review
No abstract provided.