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2001

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Full-Text Articles in Law

The Death Of Section 504, Ruth Colker Dec 2001

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however ...


Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner Oct 2001

Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner

American University Law Review

No abstract provided.


The Crack In Justice Scalia's Crystal Ball: Single-Sex Charter Schools May Prove His Prediction In Vmi Was Wrong, Sarah Kinsman Oct 2001

The Crack In Justice Scalia's Crystal Ball: Single-Sex Charter Schools May Prove His Prediction In Vmi Was Wrong, Sarah Kinsman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Defunis V. Odegaard, 416 U.S. 312 (1974): A Case Study Of The Interface Between Cultural Development, Judicial Politics And Litigation Strategy, Marc A. Perrone Sep 2001

Defunis V. Odegaard, 416 U.S. 312 (1974): A Case Study Of The Interface Between Cultural Development, Judicial Politics And Litigation Strategy, Marc A. Perrone

Buffalo Public Interest Law Journal

No abstract provided.


The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew Sep 2001

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.


Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller Aug 2001

Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller

Michigan Law Review

Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to ...


Arkansas Civil Rights Act - School Districts' Liability For Peer Abuse: Arkansas Supreme Court Holds School Districts Have No Duty To Protect Students From Each Other. Rudd V. Pulaski County Special School District, 341 Ark. 794, 20 S.W.3d 310 (2000)., Kimberly Miller Jul 2001

Arkansas Civil Rights Act - School Districts' Liability For Peer Abuse: Arkansas Supreme Court Holds School Districts Have No Duty To Protect Students From Each Other. Rudd V. Pulaski County Special School District, 341 Ark. 794, 20 S.W.3d 310 (2000)., Kimberly Miller

University of Arkansas at Little Rock Law Review

No abstract provided.


Can Students Sue When Schools Don't Make The Grade? The Washington Assessment Of Student Learning And Educational Malpractice, Rebecca R. Glasgow Jul 2001

Can Students Sue When Schools Don't Make The Grade? The Washington Assessment Of Student Learning And Educational Malpractice, Rebecca R. Glasgow

Washington Law Review

Washington's Academic Achievement and Accountability Statute (AAA Statute) creates a statewide system of school accountability. It also requires that all students pass the tenth-grade level of the Washington Assessment of Student Learning standardized test (WASL) to receive a diploma. Unfortunately, when this graduation requirement takes effect in 2008, many students will not receive diplomas because they will be unable to pass the WASL before graduation. Some of these students will have met all local graduation requirements, so the only graduation requirement they will not be able to meet will be the statewide requirement that they pass the WASL. Their ...


"Forecasts Of Doom": The Dubious Threat Of Graduate Teaching Assistant Collective Bargaining To Academic Freedom, Joshua Rowland Jul 2001

"Forecasts Of Doom": The Dubious Threat Of Graduate Teaching Assistant Collective Bargaining To Academic Freedom, Joshua Rowland

Boston College Law Review

On March 29, 2000, an administrative law judge of the National Labor Relations Board approved a settlement between the NLRB and Yale University, which resolved unfair labor practices charges made against the University by its Graduate Employees and Student Organization. This decision, however, did not resolve the underlying question of whether graduate teaching assistants are employees under the National Labor Relations Act. This Note analyzes recent cases concerning the unionization of graduate student teaching assistants at. private universities and colleges. This Note argues that the NLRB's application of a "compensated services" test to teaching assistants is correct and that ...


Should Higher Education Race-Based Financial Aid Be Distinguished From Race-Based Admissions?, Amy Weir Jul 2001

Should Higher Education Race-Based Financial Aid Be Distinguished From Race-Based Admissions?, Amy Weir

Boston College Law Review

Higher education admissions and financial aid offices, while similar in appearance, differ in fundamental ways. Because of their key differences, the constitutional issues triggered by the offices' official use of race and ethnicity as a criterion in decisionmaking should be scrutinized differently. Courts and agencies that have considered race-based financial aid programs have, however, applied the same strict scrutiny test used in prior admissions cases. The author tracks the evolution of race-based financial aid and scholarships, and then explores the growing need for privately donated financial aid dollars. She then argues that given the pressures currently placed on the financial ...


Student Misconduct At Private Colleges And Universities: A Roadmap For "Fundamental Fairness" In Disciplinary Proceedings, Lisa Tenerowicz May 2001

Student Misconduct At Private Colleges And Universities: A Roadmap For "Fundamental Fairness" In Disciplinary Proceedings, Lisa Tenerowicz

Boston College Law Review

When called upon to review the disciplinary procedures of private colleges and universities, courts have struggled to find a legal theory upon which to base their reviews. Much of this struggle can be attributed to the fact that, because the relationship between a student and a university is unique, it is difficult to find an appropriate doctrinal category. This Note analyzes the methods by which courts have reviewed challenges to disciplinary proceedings in private colleges and universities. Specifically, it examines the approaches taken by courts that have reviewed private school disciplinary procedures, paying particular attention to what these courts have ...


If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer Apr 2001

If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower Mar 2001

"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower

Brigham Young University Education and Law Journal

No abstract provided.


Improving The Teachings Of School Law: A Call For Dialogue, Suzanne R. Painter Mar 2001

Improving The Teachings Of School Law: A Call For Dialogue, Suzanne R. Painter

Brigham Young University Education and Law Journal

No abstract provided.


How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen Mar 2001

How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen

Brigham Young University Education and Law Journal

No abstract provided.


Digital Music: Educational Issues, John Faust Mar 2001

Digital Music: Educational Issues, John Faust

Brigham Young University Education and Law Journal

No abstract provided.


School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis Mar 2001

School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis

Brigham Young University Education and Law Journal

No abstract provided.


Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell Mar 2001

Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell

Brigham Young University Education and Law Journal

No abstract provided.


Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik Mar 2001

Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik

Brigham Young University Journal of Public Law

No abstract provided.


The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley Mar 2001

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Keeping Promises: An Examination Of Charter Schools' Vulnerability To Claims For Educational Liability, Julie F. Mead, Preston C. Green Iii Mar 2001

Keeping Promises: An Examination Of Charter Schools' Vulnerability To Claims For Educational Liability, Julie F. Mead, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.


In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden Mar 2001

In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden

Brigham Young University Education and Law Journal

No abstract provided.


The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri Mar 2001

The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri

Brigham Young University Education and Law Journal

No abstract provided.


Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii Mar 2001

Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.


Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan Mar 2001

Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan

Brigham Young University Education and Law Journal

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Mar 2001

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.


School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer Mar 2001

School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer

William & Mary Law Review

No abstract provided.


Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele Jan 2001

Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele

Faculty Publications

Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by ...


Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach Jan 2001

Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach

Kentucky Law Journal

No abstract provided.


Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani Jan 2001

Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani

American University Journal of Gender, Social Policy & the Law

No abstract provided.