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Full-Text Articles in Law

Sb 339 - Education, Daniel F. Barrett, Alexander Hegner Dec 2018

Sb 339 - Education, Daniel F. Barrett, Alexander Hegner

Georgia State University Law Review

The Act amends the statutes in the Georgia Code applicable to the University System and Board of Regents statutes in the Georgia Code. It adds new sections that place affirmative requirements on the Board of Regents to adopt and publish new policies, which aim to encourage the dissemination of free speech across university campuses. Further, the Act directs that universities must implement disciplinary sanctions for anyone subject to the jurisdiction of the University System who interferes with the free speech of invited speakers and others on campus. Finally, the Board of Regents must publish annual reports regarding any barriers to ...


Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein Aug 2018

Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein

Laura Rothstein

No abstract provided.


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich Jul 2018

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through ...


Litigating Trauma As Disability In American Schools, Taylor N. Mullaney May 2018

Litigating Trauma As Disability In American Schools, Taylor N. Mullaney

Northwestern Journal of Law & Social Policy

No abstract provided.


No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner May 2018

No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner

Loyola of Los Angeles Law Review

With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the ...


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn Apr 2018

Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn

West Virginia Law Review

No abstract provided.


Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw Mar 2018

Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw

Chicago-Kent Law Review

Closures of urban open-enrollment neighborhood schools that primarily serve students of color are intensely controversial. Districts seeking to economize often justify closures by pointing to population shifts in historically densely populated urban areas. They argue that net reductions in a neighborhood’s school-aged population result in underutilized schools, which do a disservice to students at higher cost to districts. Students and their families and communities counter, pointing to histories of district neglect of their schools and recent school expansions in more affluent neighborhoods of similar population density as belying district claims of utility-based downsizing. In this article, I use a ...


Taming Title Ix Tensions, Naomi Mann Feb 2018

Taming Title Ix Tensions, Naomi Mann

Faculty Scholarship

The appropriate parameters for sexual assault disciplinary proceedings in public colleges and universities have historically been hotly contested. In recent years, the debate has focused on two competing sets of rights—the more established Title IX rights of the victim and the evolving constitutionally-based procedural due process rights of the accused. This debate over whose rights should be prioritized—those of the victim or those of the accused—is a classic civil rights enforcement dynamic. How can educational institutions effectuate the equality mandate of Title IX while not infringing on the constitutionally-based procedural due process rights of the accused? The ...


School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert Jan 2018

School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert

Northwestern Journal of Human Rights

No abstract provided.


Higher Education Is A Human Right, Heidi R. Gilchrist Jan 2018

Higher Education Is A Human Right, Heidi R. Gilchrist

Washington University Global Studies Law Review

Higher education is a human right. In the United States, we have become complacent about the skyrocketing costs of higher education where yearly expenses at many highly selective universities well exceed the median income of United States workers. We need to change the dialogue about higher education so that it does not become a luxury only the wealthy can afford. This article examines the right to higher education under international law and argues that it is already an established right and not a luxury item. Additionally, not only is a higher education a human right, but it has an important ...


Post-Accountability Accountability, Nicole Stelle Garnett Jan 2018

Post-Accountability Accountability, Nicole Stelle Garnett

Journal Articles

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The ...


Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert Jan 2018

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.


Charter Schools And School Desegregation Law, Will Stancil Jan 2018

Charter Schools And School Desegregation Law, Will Stancil

Mitchell Hamline Law Review

No abstract provided.


The Right To Education: An Analysis Through The Lens Of The Deontological Method Of Immanuel Kant, Kavana Ramaswamy Jan 2018

The Right To Education: An Analysis Through The Lens Of The Deontological Method Of Immanuel Kant, Kavana Ramaswamy

Northwestern Journal of Human Rights

The framework of categorical imperatives is one of the most famous deontological theories of rights that have been formulated. The framework has often been used to justify human rights policies all over the world. While they have been subject to several criticisms over the last two centuries, some of these include improvements to the original framework. This paper analyses the framework of the categorical imperatives and suggest certain modifications to improve internal coherence.

The paper then seeks to apply this framework to the right to education, a right that is under fire in the conservatively-charged political arena today. This is ...