Law Commons^™

Confronting Domestic Violence In Higher Education, Jill Engle

Jill Engle

Panel presentation on Student Life, Relationships, and the Law. Panel presented at Pepperdine University.

The Legal Foundations Of Special Education, Wendy Hensel, Colleen O'Rourke

Wendy F. Hensel

Special Education for All Teachers provides practical information, presents the philosophy of inclusion, and the application and implementation of laws related to the education of students with special needs, and discusses the identifying characteristics of students with special needs.

Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo

Charles J. Russo

Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …

The Best Interest Of The Child: A United States And South African Perspective, Ralph Mawdsley, Johan Beckmann, Charles Russo

Charles J. Russo

No abstract provided.

Education Law, Ralph Mawdsley, Charles Russo

Charles J. Russo

Whether you are involved in a labor arbitration or trying to determine whether a student's body piercing is a form of expression protected by the First Amendment, Education Law will help you meet your responsibilities effectively.

Both a textbook and a practitioner's guide, Education Law provides insightful analysis and case law citations on such topics as: school governance; finance and procurement; employment issues, including tenure, dismissal, discrimination and reductions in the workforce; collective bargaining and dispute resolution procedures; student rights; requirements to provide individualized education to disabled students; tort liability; and more.

You'll find helpful discussions of countless problem areas, …

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 1st Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

No abstract provided.

A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley

Charles J. Russo

This article encourages debate regarding the power and force of teacher unions and collective bargaining and their impact on the quality of education. As an initial matter, it is important to keep in mind that the authors of this Counterpoint start with the premise that the purpose of employee unions, whether in education, the automobile industry, or other fields aside, is to save the jobs of members. In education, our argument is that taking care of students has decidedly taken a back seat, and thus, we find it frustrating to hear that teachers “want this for the children” when, in …

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, Second Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you:

• Understand the implications of — and methods available for — searching personal property and employees' computers
• Create legally sound drug-testing policies
• Know what constitutes permissible student and staff searches — and what doesn't
• And more!

The Lure Of Virtual Charter Schools: Solution Or Siren Song?, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Spectrum Initiative: An Insiders View, Trina Holloway

Trina Holloway

No abstract provided.

Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel

Wendy F. Hensel

No abstract provided.

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel

Wendy F. Hensel

This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments, …

Voucher Bill Ignores System Abuse, Costs, Wendy Hensel

Wendy F. Hensel

No abstract provided.

The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel

Wendy F. Hensel

No abstract provided.

North Carolina's Special Education Litigation: Practical Lessons From A Decade Of Data, Lisa Lukasik

Lisa Lukasik

No abstract provided.

Living The Lifo: Why California Teachers Unions Should Reconsider Last In First Out, Nathan K. Low

Nathan K Low

California is one of the most dynamic battleground states where education reformers, teachers’ unions, and school districts are locked in combat to further their respective interests. Over the past several decades, teachers’ unions have been so vilified that support for union-backed policies, no matter how effective, are shunned by the public. A strategic retreat is necessary in order to illustrate flexibility and to show a prioritization of students’ education rights. Within Los Angeles Unified School district, the second largest school district in the country, reformers are fighting for more teacher accountability through both legislation and litigation. The upcoming, paramount case …

Graduating With Debt: Student Loans Under The Bankruptcy Code, Daniel Austin, Susan Hauser

Daniel A. Austin

Student loan debt in the US exceeds $1.1 trillion — more than any other type of consumer debt except for mortgage loans — while new education lending continues at an explosive pace. In this book, the authors offer expert knowledge to enable bankruptcy and consumer credit professionals to assist clients in dealing with student loan debt. The book introduces readers to the basics of student loan debt, including different types of loans and loan-forgiveness programs, delinquency and default, and administrative and non-judicial remedies for borrowers having trouble repaying their loans.

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …

Speaker, “Case Update And Analysis: Matter Of Nachum Brisman V. Hebrew Academy”, Michael Helfand

Michael A Helfand

No abstract provided.

The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson

Richard Peterson

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does …

Let’S “Transform” The Colts The Way We Do Public Schools: Phase 1, Jeff Abbott

Jeff Abbott

This article, done tongue-in-cheek, uses sarcasm to parallel the need to reform public education with the need to reform the Indianapolis Colts.

Discussant, Education Law And Policy Forum, Mary Sue Backus

Mary Sue Backus

No abstract provided.

No Child Left Behind--An Assessment, Mary Sue Backus

Mary Sue Backus

No abstract provided.

Politics And Volunteering In Japan: A Global Perspective, Mary Alice Haddad

Mary Alice Haddad

Politics and Volunteering begins by painting a portrait of volunteering in Japan, and demonstrates that our current understandings of civil society have been based implicitly on a U.S. model that does not adequately consider participation patterns found in other parts of the world. The book develops a theory of civic participation that, incorporates citizen attitudes about governmental and individual responsibility, with societal and governmental practices that support (or hinder) volunteer participation. This theory is tested using cross-national and sub-national statistical analysis, and it is refined through detailed case studies of volunteering in three Japanese cities. The findings are then used …

Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …