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Articles 1 - 25 of 25
Full-Text Articles in Law
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
Duke Law & Technology Review
No abstract provided.
Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong
Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong
Duke Journal of Constitutional Law & Public Policy Sidebar
Tracking is a widespread educational practice where secondary schools divide students into different classes or “tracks” based on their previous achievements and perceived abilities. Tracking produces different levels of classes, from low ability to high ability, based on the theory that students learn better when grouped with others at their own level. However, tracking often segregates students of color and low socioeconomic status into low-tracked classes and these students do not receive the same educational opportunities as white and/or wealthier students. Students and parents have historically challenged tracking structures in their schools using an Equal Protection Clause framework. However, this …
Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin
Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin
Faculty Scholarship
Human Rights and Intellectual Property: Mapping the Global Interface explores the intersections between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, the creators and owners of intellectual property are asserting a human rights justification for the …
The Costs Of A “Free” Education: The Impact Of Schaffer V. Weast And Arlington V. Murphy On Litigation Under The Idea, Kelly D. Thomason
The Costs Of A “Free” Education: The Impact Of Schaffer V. Weast And Arlington V. Murphy On Litigation Under The Idea, Kelly D. Thomason
Duke Law Journal
The Individuals with Disabilities Education Act guarantees to children with disabilities the right to receive a "free appropriate public education." This Note argues that the Supreme Court decisions Schaffer v. Weast and Arlington v. Murphy, cases dealing with procedural aspects of the Act, undermine a prior trend in IDEA litigation-a trend that had increased the substantive and procedural rights of children with disabilities. Considered together, the Schaffer and Arlington decisions ignore the realities of the litigation process and impose significant burdens on parents attempting to ensure that their children receive the free appropriate education to which they are entitled.
The Methodological Middle Ground: Finding An Adequacy Standard In Alaska’S Education Clause, Chris Lott
The Methodological Middle Ground: Finding An Adequacy Standard In Alaska’S Education Clause, Chris Lott
Alaska Law Review
No abstract provided.
Measuring Distributive Injustice On A Different Scale, Tom Miller
Measuring Distributive Injustice On A Different Scale, Tom Miller
Law and Contemporary Problems
Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.
The New Face Of School Desegregation, Kristi L. Bowman
The New Face Of School Desegregation, Kristi L. Bowman
Duke Law Journal
No abstract provided.
All Students Are Not Created Equal: The Inequitable Combination Of Property-Tax-Based School Finance Systems And Local Control, Erin E. Kelly
All Students Are Not Created Equal: The Inequitable Combination Of Property-Tax-Based School Finance Systems And Local Control, Erin E. Kelly
Duke Law Journal
No abstract provided.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
Law and Contemporary Problems
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Law and Contemporary Problems
The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.
Beyond Brown: Evaluating Equality In Higher Education, James A. Washburn
Beyond Brown: Evaluating Equality In Higher Education, James A. Washburn
Duke Law Journal
No abstract provided.
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Duke Law Journal
No abstract provided.
Beyond Conventional Education: A Definition Of Education Under The Education For All Handicapped Children Act Of 1975, Lauren A. Larson
Beyond Conventional Education: A Definition Of Education Under The Education For All Handicapped Children Act Of 1975, Lauren A. Larson
Law and Contemporary Problems
No abstract provided.
Age Appropriateness As A Factor In Educational Placement Decisions, Evelyn M. Pursley
Age Appropriateness As A Factor In Educational Placement Decisions, Evelyn M. Pursley
Law and Contemporary Problems
No abstract provided.
The Role Of Cost In Educational Decisionmaking For The Handicapped Child, Katharine T. Bartlett
The Role Of Cost In Educational Decisionmaking For The Handicapped Child, Katharine T. Bartlett
Law and Contemporary Problems
No abstract provided.
State Response To The Education For All Handicapped Children Act Of 1975
State Response To The Education For All Handicapped Children Act Of 1975
Law and Contemporary Problems
No abstract provided.
How And Why The Law Has Failed: An Historical Analysis Of Services For The Retarded In North Carolina And A Prescription For Change, Karen Sindelar
How And Why The Law Has Failed: An Historical Analysis Of Services For The Retarded In North Carolina And A Prescription For Change, Karen Sindelar
Law and Contemporary Problems
No abstract provided.
Is Justice Served By Due Process?: Affecting The Outcome Of Special Education Hearings In Pennsylvania, Peter J. Kuriloff
Is Justice Served By Due Process?: Affecting The Outcome Of Special Education Hearings In Pennsylvania, Peter J. Kuriloff
Law and Contemporary Problems
No abstract provided.
Variations On A Theme—The Concept Of Equal Educational Opportunity And Programming Decisions Under The Education For All Handicapped Children Act Of 1975, Judith Welch Wegner
Variations On A Theme—The Concept Of Equal Educational Opportunity And Programming Decisions Under The Education For All Handicapped Children Act Of 1975, Judith Welch Wegner
Law and Contemporary Problems
No abstract provided.
Special Education In England And Wales, William G. Buss
Special Education In England And Wales, William G. Buss
Law and Contemporary Problems
No abstract provided.
A Political Method Of Evaluating The Education For All Handicapped Children Act Of 1975 And The Several Gaps Of Gap Analysis, William H. Clune, Mark H. Van Pelt
A Political Method Of Evaluating The Education For All Handicapped Children Act Of 1975 And The Several Gaps Of Gap Analysis, William H. Clune, Mark H. Van Pelt
Law and Contemporary Problems
No abstract provided.
The Allure Of Legalization Reconsidered: The Case Of Special Education, David Neal, David L. Kirp
The Allure Of Legalization Reconsidered: The Case Of Special Education, David Neal, David L. Kirp
Law and Contemporary Problems
No abstract provided.
Self-Sufficiency Under The Education For All Handicapped Children Act: A Suggested Judicial Approach, John S. Harrison
Self-Sufficiency Under The Education For All Handicapped Children Act: A Suggested Judicial Approach, John S. Harrison
Duke Law Journal
No abstract provided.
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
Faculty Scholarship
No abstract provided.