Law Commons^™

Cheer On Separation Of School, Religious Messages, Alan E. Garfield

Alan E Garfield

No abstract provided.

How To Turn Around Your Classroom, Jalae Ulicki, Arlene Westphal

Jalae Ulicki

• Explore and create effective student response questions for use in class
• Determine potential uses for data to create a higher level of engagement in the classroom
• Determine how to use the data to enhance teaching

Affirmative Action In Education Weighed Again, Alan E. Garfield

Alan E Garfield

No abstract provided.

See No Evil, Hear No Evil, Speak No Evil; Stemming The Tide Of No Promo Homo Laws In American Schools, Madelyn Rodriguez

Madelyn Rodriguez

In several states, and many more local governments, teachers are being mandated to teach their students that homosexuality is inherently abhorrent and should be shunned. These so called “No Promo Homo” policies vary in scope; from those barring any positive discussion of homosexuality to those which insinuate the association of homosexuality with various social ills. As a result of these policies, teachers are being used as a conduit for misinformation and, more disturbingly, for discrimination and bias. Because teachers naturally have an immense impact on their students, the concepts and values advocated or discouraged by them will have an immeasurable …

Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson

Richard Peterson

This paper addresses the psychological and emotional consequences of the Individuals with Disabilities Education Act (IDEA) for public school teachers in the United States as viewed through the lens of Therapeutic Jurisprudence.

Therapeutic Jurisprudence was founded in the 1990s as an interdisciplinary approach to evaluating how law acts as a therapeutic agent upon those who engage in its context. It calls for the study of such consequences to ascertain whether the law’s anti-therapeutic effects can be lessened, and its therapeutic effects increased, without subordinating due process and other values associated with justice. In the context of Special Education Law, for …

A Right To Sexual Orientation Privacy: Strengthening Protections For Minors Who Are Outed In Schools, Adam J. Kretz

Adam Kretz

This Article examines a unique question in constitutional law and privacy rights – namely, what rights minor students have to control who can and cannot be informed of their sexual orientation. Through an examination of case law and social science data, the Article proposes that students should hold greater power over information regarding their sexual orientation, and hold responsible school officials who “out” students to a family member, parent, or guardian without the student’s consent.

The Indentured Generation: Bankruptcy And Student Loan Debt, Daniel A. Austin

Daniel A. Austin

THE INDENTURED GENERATION:

BANKRUPTCY AND STUDENT LOAN DEBT

By Daniel A. Austin

Associate Professor, Northeastern University School of Law

A generation of Americans has borrowed heavily for their education, and hundreds of thousands of them are deeply in debt. Some 37 million Americans owe a total of approximately $1 trillion dollars in student loans. They constitute an Indentured Generation as many of them will be burdened with student loan debt for much of their lives. With one of the worst job markets in decades, members of the Indentured Generation who are in particularly dire circumstances will turn to bankruptcy for …

Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney L. Anderson

Courtney L Anderson

This article will contribute to the general literature on homelessness by recommending that permanent supportive housing units for homeless children, youth and families provide education services in order to prevent and end homelessness among families, youth and children. I will explain how the legal framework for such housing requires a broad interpretation of the McKinney-Vento Homeless Assistance Act, and assert that federal programs provide a foundation for the creation of such housing. Identifying and educating homeless youth is particularly challenging as the majority of homeless youth live on the streets or in the homes of others, suffer from serious mental …

A Way Forward: Transparency At American Law Schools, Kyle P. Mcentee, Patrick J. Lynch

Kyle P McEntee

Law school has long been thought of as an investment in human capital inherently worth consuming. This is a dated view. Today, entering the legal profession through law school requires an increasingly significant financial investment. Yet very little information about the value of a legal education is available for prospective law students. In fact, much of the information tends to mislead rather than inform aspiring lawyers.

This Article surveys the available information with respect to one important segment of the value analysis: post-graduation employment outcomes. It then proposes a new standard for the presentation of post-graduation outcomes, "The LST Proposal." …

Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins

Mel Cousins

This note examines the recent Irish High Court decision in Stokes v CBS High School which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The case concerned the fact that Mr. Stokes, a member of the Traveller community, was refused access to the school which was oversubscribed. The admission criteria included a rule whereby priority was given to children whose parents had attended the school and it was argued that this was indirectly discriminatory against …

An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin

Benton C. Martin

The No Child Left Behind Act of 2001 (NCLB), one of the most important pieces of education legislation in our nation’s history, is overdue for reauthorization. Prior attempts at reauthorization have failed because of political controversy surrounding the Act, including controversy surrounding the extent of the federal role in education. NCLB does not fit squarely into traditional models of federalism and new theories of federalism have emerged to address the unique new dynamics raised by its expansive use of the federal spending power. This Article argues these theories point to practical changes that Congress can make to improve NCLB.

Although …

Cost And Punishment: Reassessing Incarceration Costs And The Value Of College-In-Prison Programs, Gregory A. Knott

Gregory A Knott

This article is the first study examining college-in-prison programs as part of the cost-reducing and risk-management trends currently dominant in criminal justice systems. The article concedes that college programs will not be of benefit to every inmate and may confer benefits on politically unpopular constituencies, but argues that such educational offerings are nevertheless a powerful tool for reducing recidivism and incarceration costs.

Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan

Dr. Lotem Perry-Hazan

The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education …

Tinker And The Diminution Of Public Education, Ryan Hardy

Ryan Hardy

Part I of this article discusses clothing as speech. Part II examines Tinker v. Des Moines. Part III examines the three other Supreme Court student expression cases. Part IV discusses the framework set up by the Supreme Court cases. Part IV also illustrates lower court decisions involving specific types of clothing or symbols and the confusion among those lower courts. Part V discusses the mission of public education and its relation to student expression. Part VI describes Tinker’s lasting effects on public education. Part VII explains that the Supreme Court should overrule Tinker and adopt a new standard

Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber

Mark C. Weber

Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …

‘Needle And Stick’ Save The World: Sustainable Development And The Universal Child, Johan Dahlbeck, Moa De Lucia Dahlbeck

Moa Dahlbeck

This text deals with a problem concerning processes of the productive power of knowledge. We draw on so called poststructural theories challenging the classical image of thought – as hinged upon a representational logic identifying entities in a rigid sense – when formulating a problem concerning the gap between knowledge and the object of knowledge. More specifically we are looking at this problem in the contexts of sustainable development and childhood using illustrating examples in order to test the validity of these theoretical accounts. The examples we use range from internationally agreed documents claiming universality concerning environmental protection and childhood …

Ohio Student Social Skills Training Program Is Very Successful, David Volosin, Oscar T. Mcknight, John Sikula

Oscar T McKnight Ph.D.

This article reports on research conducted in the Parma City Schools, Ohio by The Society for Prevention of Violence (SPV). The SPV is dedicated to reducing the prevalence of violent acts and asocial behaviors of children and adults through education. It accomplishes this mission by teaching children and adults the use of the skills necessary to build their character. Findings suggest that the SPV program improves the ability of children within class to pay attention and be organized. The greatest improved social behaviors for participants were in helping others who are having trouble; increased ability to initiate positive interactions; and, …