Law Commons^™

Education Law, Jerry A. Lumley

Mercer Law Review

Primarily because of Governor Barnes' "A Plus Education Reform Act of 2000" ("the Reform Act"), Georgia experienced sweeping changes in the area of education law during the past year. This Article discusses the Reform Act, other education legislation, and decisions of Georgia appellate courts in the area of education during the past year.

Liberals And The School Choice Debate, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Students' Rights In Indiana: Wrongful Distribution Of Student Records And Potential Remedies, Sandra L. Macklin

Indiana Law Journal

No abstract provided.

Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery

Mercer Law Review

In Chandler v. James, the Eleventh Circuit Court of Appeals vacated the district court's order permanently enjoining enforcement of an Alabama statute that permitted student-initiated religious speech in public schools. The court of appeals concluded that permitting student initiated religious speech did not violate the Establishment Clause and such speech is protected by the Free Exercise and Free Speech Clauses of the First Amendment.

Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen

BYU Law Review

No abstract provided.

Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud

Michigan Law Review

What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of the Ackerman/ …

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

University of Michigan Journal of Law Reform

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …

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

UF Law Faculty Publications

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, …

When The Classroom Speaks: A Public University's First Amendment Right To A Race-Conscious Admissions Policy, Alfred B. Gordon

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman

Cornell Law Faculty Publications

No abstract provided.

Ibpp Research Associates: Botswana, Ditso Anneleng

International Bulletin of Political Psychology

This article discusses educational and legal issues surrounding students from Botswana enrolled in an alleged fake educational institution - African Media University in South Africa.

Functional Behavioral Assessment: Process Without Procedure, Cynthia A. Dieterich, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.

Responding To Public School Peer Sexual Harassment In The Face Of Davis V. Monroe County Board Of Education, Lillian Chaves

Brigham Young University Education and Law Journal

No abstract provided.

Seeing Through A Glass Darkly: The Supreme Court's Narrowed Definition Of Disability, Scott E. Ferrin

Brigham Young University Education and Law Journal

No abstract provided.

Legal And Ethical Issues Related To The Use Of The Internet In K-12 Schools, Nancy Willard

Brigham Young University Education and Law Journal

Supplemental Files:

• Recommended District Internet Policy and Regulations
• Student Internet Policy Handbook Template
• Sample Student Account Agreement
• Sample Guest Account Agreement
• Sample Letter to Parents or Guardians

Special Education Due Process: Hearing Officer Background And Case Variable Effects On Decisions Outcomes, Geoffrey F. Schultz, Joseph R. Mckinney

Brigham Young University Education and Law Journal

No abstract provided.

Assessing Agostini V. Felton In Light Of Lemon V. Kurtzman: The Coming Of Age In The Debate Between Religious Affiliated Schools And State Aid, R. Craig Wood, Michael C. Petko

Brigham Young University Education and Law Journal

No abstract provided.

Title Ix And Same-Gender Sexual Harassment: School District Liability For Damages, Karen Michaelis

Brigham Young University Education and Law Journal

No abstract provided.

Educating Our Future: An Analysis Of Sex Education In The Classroom, Michael J. Fucci

Brigham Young University Education and Law Journal

No abstract provided.

Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin

Brigham Young University Education and Law Journal

No abstract provided.

Direct Payments Of State Scholarship Funds To Church-Related Colleges Offend The Constitution And Title Vi, Roy Whitehead Jr., Walter Block

Brigham Young University Journal of Public Law

No abstract provided.

Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis

Richmond Journal of Law and the Public Interest

The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …

Peer Harassment--Interference With An Equal Educational Opportunity In Elementary And Secondary Schools, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Popular Media

No abstract provided.

Adequate Special Education: Do California Schools Meet The Test?

San Diego Law Review

This Comment argues that the demands for general education efficacy apply a fortiori to disabled children. This Comment further contends that while special education law based on federal statute may be insufficient to support such accountability, the California Constitution provides a legal basis without further statutory enactments. The basis is found in adequacy assurances of article IX, section 1 of the California Constitution: the Education Clause."

Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore

Florida State University Law Review

No abstract provided.

A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre

Washington Law Review

School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …

Title Ix: The Monitoring Of Private Athletic Donations, Travis T. Tygart

Oklahoma Law Review

No abstract provided.

Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein

Oklahoma Law Review

No abstract provided.