Law Commons^™

Update On School Searches, Charles J. Russo

Educational Leadership Faculty Publications

School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.

Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.

Tenure Wars: The Litigation Continues, Charles J. Russo

Educational Leadership Faculty Publications

Teacher tenure is a controversial topic that continues to generate litigation. Parents and advocates of educational reform have filed claims alleging, in part, that school officials violate the rights of students who are not achieving academically largely because of the ineffective instruction the students receive from teachers.

Typically, these suits also claim that conditions in districts where students perform poorly on academic measures are exacerbated by the protection that state tenure laws—in conjunction with union efforts—afford ineffective teachers, thereby making it difficult to dismiss the teachers for incompetence.

In North Carolina Association of Educators v. State (2016), a North Carolina …

Administrative Narratives, Human Rights, And Public Ethics: The Detroit Water-Shutoff Case, Richard K. Ghere

Political Science Faculty Publications

This inquiry focuses specifically on administrative (local official) narratives that speak to contentious issue contexts of social conflict. Specifically, it draws upon a theoretical connection between hermeneutics and the sociology of knowledge to interpret narrative passages of local officials and others related to a contentious public action—the Detroit Water and Sewerage District’s stepped-up water-discontinuation efforts (2014 and 2015) that left thousands of inner-city residents with “delinquent” accounts and no access to water service. Selected narratives from this case are interpreted on the basis of their literary and social functions. The interpretations support a subsequent determination of whether and how the …

Reasonable Accommodations And The Ada Amendments’ Overlooked Potential, Jeannette Cox

School of Law Faculty Publications

There is “a dearth of precedent” outlining the scope of the Americans with Disabilities Act’s reasonable accommodations provision. The “little precedent” available “remains severely underdeveloped,” “in a state of chaos,” and leaves “many issues unresolved.” Circuit splits abound. For example, courts widely differ in their perspectives about whether the ADA requires employers to permit employees with disabilities to work from home. Similarly, in circumstances in which an employee with a disability can no longer do his or her current job, courts differ on the question of whether the ADA requires the employer to prefer the employee with a disability for …

Child Pornography Sentencing In The Sixth Circuit, Carissa Byrne Hessick

University of Dayton Law Review

Introduction and Article from the Honorable James J. Gilvary Symposium on Law, Religion, and Social Justice

Front Matter, Volume 41, Number 3, University Of Dayton

University of Dayton Law Review

Table of contents, administrative information, masthead

Combating Campaign Finance Corruption In The United States: Why A Grass Roots Approach Is The Only Solution, Chelsea Bellew

University of Dayton Law Review

No abstract provided.

Just Pictures: Recent Trends In Research And Sentencing In Child Pornography Cases, Michael J. Newman

University of Dayton Law Review

Introduction and Article from the Honorable James J. Gilvary Symposium on Law, Religion, and Social Justice

Putting The Fox In Charge Of The Chicken Coop: An Examination Of The Controlled Substances Act And The Reclassification Of Hydrocodone, Aaron Doll

University of Dayton Law Review

No abstract provided.

Affirmative Action Returns To The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.

Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016) …

Fair Share Fees, Teacher Unions, And The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

Disputes over whether teachers who are not union members must pay for the benefits they receive under their bargaining contracts have been litigated for almost 40 years. Amid conflict over the ability of teachers’ unions to collect fair share fees from nonmembers, the Supreme Court re-entered the controversy in Friedrichs v. California Teachers Association (2016), leaving the door open to future litigation on the status of fair share fees.

Title Ix, Sexual Assault, And The Issue Of Effective Consent: Blurred Lines—When Should “Yes” Mean “No”?, Lori E. Shaw

School of Law Faculty Publications

This Article is intended to set the process in motion by providing the DOE and the educational institutions governed by Title IX with a proposed standard for “effective consent.” Part I provides an overview of the realities of campus life in the 2010s, delving into the root causes of sexual assault and other forms of unwanted sexual contact. Sexual hookups and binge drinking, two aspects of campus life inextricably linked to one another and to unwanted sexual contact, are explored in depth.

Part II presents an overview of the traditional role, structures, and processes of the student-conduct system. It then …

Front Matter, Volume 41, Number 2, University Of Dayton

University of Dayton Law Review

Table of contents, copyright, administrative information, masthead

The Establishment Clause's Hydra: The Lemon Test In The Circuit Courts, Karthik Ravishankar

University of Dayton Law Review

No abstract provided.

International Human Rights Litigation After Bauman: The Viability Of Veil Piercing To Hale Foreign Parent Corporations Into U.S. Courts, Christopher Knight

University of Dayton Law Review

No abstract provided.

To Eat Or Not To Eat: How Ohio Can Foster More Confidence Between Restaurants And Food Allergic Individuals, Jessica L. Brewer

University of Dayton Law Review

No abstract provided.

Digging Beneath The Surface Of Ohio's Dormant Mineral Act, Brian R. Tracy

University of Dayton Law Review

No abstract provided.

Sexual Harassment In Schools, Charles J. Russo

Educational Leadership Faculty Publications

Eliminating sexual harassment in schools continues to be a national concern. In fact, the Supreme Court has resolved three major cases on this topic, and lower courts continue to resolve a steady stream of disputes. The litigation has moved beyond teacher–student and peer–peer claims to include disputes over harassment because of actual or perceived sexual orientation.

Meeting The Needs Of Student Parents, Charles J. Russo, Rabiah Gul

Educational Leadership Faculty Publications

In addition to the struggles teenage parents and their children face, in 2010, teen childbearing also costs taxpayers between $9.4 and $28 billion a year for such expenditures as public assistance payments, lost tax revenue, and public healthcare, foster care, and schooling, according to the Department of Health and Human Services (United States Department of Health and Human Services 2016). In light of the budgeting and social costs of teenage pregnancies and parenting, this is an issue about which educational leaders should be aware.

The Evolution Of The Scope And Political Ambition Of The State Attorneys General, Elizabeth A. Brumleve

Honors Theses

The state attorneys general (AGs) play a crucial role in government, on both a state and national level. They provide the legal voice of the state in matters ranging from the defense of state laws to consumer protection and, for some, criminal prosecution. The increase in the amount of multistate litigation undertaken by the attorneys general and their growing influence over policy reflect an expansion in the scope of this office. Furthermore, the AG’s office provides an effective record-building platform from which candidates can, and often do, establish campaigns for higher office. The 1998 Tobacco Master Settlement Agreement (MSA), a …

Supreme Court Docket Preview: Are Changes In The Offing?, Charles J. Russo

Educational Leadership Faculty Publications

During most Supreme Court terms, which begin on the first Monday in October and usually end in late June, the justices accept at least one case focused on education. Two cases before the current Court—Fisher v. University of Texas (2014) and Friedrichs v. California Teachers Association (2014)—have the potential to affect education significantly. Moreover, the sudden death of Supreme Court Justice Antonin Scalia on Saturday, February 13, 2016, may affect these and other cases, especially Fisher, considerably.

Remember, It Is The Supreme Court That Is Expounding: The Least Dangerous Branch And Popular Constitutionalism, Helen J. Knowles

University of Dayton Law Review

No abstract provided.

Field Preemption And The Presumption Of Federal Action: A Three-Way Supremacy Clause Tug Of War, Joseph E. Zeis Jr.

University of Dayton Law Review

No abstract provided.

Front Matter, Volume 41, Number 1, University Of Dayton

University of Dayton Law Review

Table of contents, administrative information, masthead

Revisiting Judicial Review Of Interpretive Rules: A Call To Paralyze Auer Deference In The Face Of Perez V. Mortgage Bankers Association, Kyle M. Asher

University of Dayton Law Review

No abstract provided.

Towards Pragmatic Conservatism: A Review Of Seth Vannatta's Conservatism And Pragmatism In Law, Politics, And Ethics, Allen Mendenhall

University of Dayton Law Review

No abstract provided.

God's Dice: The Law In A Probabilistic World, Alessandro Romano

University of Dayton Law Review

No abstract provided.

Zero Tolerance Or Zero Accountability: An Examination Of Command Discretion And The Need For An Independent Prosecutorial Authority In Military Sexual Assault Cases, Nadia Klarr

University of Dayton Law Review

No abstract provided.

Becoming Unplugged: Without A Compulsory License, Internet Broadcast Television Powers Down, T. J. Wolf

University of Dayton Law Review

No abstract provided.

An Overview Of The Every Student Succeeds Act, Charles J. Russo

Educational Leadership Faculty Publications

Controversial since becoming law in 2002 as the re-authorization of the 1965 Elementary and Secondary Education Act, the No Child Left Behind Act (NCLB) has been portrayed by critics as federal overreach in education, even as supporters viewed the bill as a necessary reform to improve the academic performance of students in K–12 schools. Regardless, NCLB proved so unwieldy that 43 states and the District of Columbia received waivers from many of its accountability provisions in return for adopting policies favored by the U.S. Department of Education (Layton 2015).

The recent seven-year-overdue re-authorization of the law received widespread bipartisan support …