Law Commons^™

Policies Regulating Gender In Schools: Companion To Identity By Committee (2022), Scott Skinner-Thompson

Research Data

This document, Policies Regulating Gender in Schools: Companion to Identity by Committee (2022), https://docs.google.com/spreadsheets/d/1K6iUkLnmDfaSVykyRaZ3Yqt7XNM9leGO-MQA6p2VbV4/edit?usp=Sharing, was published as an electronic supplement to the article, Scott Skinner-Thompson, Identity by Committee, 57 Harv. C.R.-C.L. L. Rev. 657 (2022), available at https://scholar.law.colorado.edu/faculty-articles/1586.

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

2023 Racial Justice Challenge: Housing Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Strengthening A One Health Approach To Emerging Zoonoses, Samira Mubareka, John Amuasi, Arinjay Banerjee, Hélène Carabin, Joe Copper Jack, Claire Jardine, Bogdan Jaroszewicz, Greg Keefe, Jonathon Kotwa, Susan Kutz, Deborah Mcgregor, Anne Mease, Lily Nicholson, Katarzyna Nowak, Brad Pickering, Maureen Reed, Johanne Saint-Charles, Katarzyna Simonienko, Trevor Smith, J. Scott Weese, E. Jane Parmley

Articles & Book Chapters

Given the enormous global impact of the COVID-19 pandemic, outbreaks of highly pathogenic avian influenza in Canada, and manifold other zoonotic pathogen activity, there is a pressing need for a deeper understanding of the human-animal-environment interface and the intersecting biological, ecological, and societal factors contributing to the emergence, spread, and impact of zoonotic diseases. We aim to apply a One Health approach to pressing issues related to emerging zoonoses, and propose a functional framework of interconnected but distinct groups of recommendations around strategy and governance, technical leadership (operations), equity, education and research for a One Health approach and Action Plan …

Black Boarding Academies As A Prudential Reparation: Finis Origine Pendet, Roy L. Brooks

Faculty Scholarship

With billions of dollars pledged and trillions of dollars demanded to redress slavery and Jim Crow (“Black Reparations”) the question of how best to use these funds has moved into the forefront of the ongoing campaign for racial justice in our post-civil rights society. Reparatory strategies typically target the norms and structures that sustain racial disadvantage wrought by slavery and Jim Crow. The goal of such transitional reparations is to extinguish the menace of white supremacy and systemic racism across the board. Restructuring in housing, education, employment, voting, law enforcement, health care, and the environment—social transformation—is absolutely needed in the …

Athletic Scholarships And Title Ix: Compliance Trends And Context, Erin E. Buzuvis

Faculty Scholarship

This Article evaluates enforcement practices and compliance trends related to Title IX's requirement for gender equity in the distribution of athletic financial aid. It confirms that universities in the most competitive athletic programs continue to underfund women's athletic scholarships relative to the proportionality standard required by law. It also confirms that the under-allocation of women's athletic opportunities at universities across divisions results in additional disparities in scholarship funding that is not captured by an analysis of compliance. This Article concludes with suggestions that the government clarifies its expectations and enforcement priorities. It further calls for regulators, scholars, and advocates to …

Ok, Zoomer: Teaching Legal Research To Gen Z, Olivia R. Smith Schlinck

Library Staff Articles

Generation Z has entered law school. With each new generation comes new education preferences. While research on Gen Z in the legal academy has grown over the past few years, to date none deal explicitly with teaching legal research to Gen Z. This article connects Gen Z’s childhood and resulting peer personality to 10 tangible pedagogical changes for teaching legal research to Gen Z.

Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future, Peter Felix Armstrong

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti

Indiana Law Journal

The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …

The Need For An Asian American Supreme Court Justice, Vinay Harpalani

Faculty Scholarship

In her insightful Comment on Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (hereinafter SFFA cases), Dean Angela Onwuachi-Willig critiques Chief Justice Roberts’s majority opinion for its “simplistic understanding of race and racism.” She interrogates the “doxa” — the “unexamined cultural beliefs” that structure the majority’s narrative on racial experiences. Onwuachi- Willig elucidates how Chief Justice Roberts accepts whiteness as a tacit norm and ignores the marginalization of people of color. She contrasts this with the “fuller” history of American racism brought forth by Justices …

Teaching Bankruptcy Valuations To Law Students And Other Unnatural Acts, Jack F. Williams

Emory Bankruptcy Developments Journal

We often measure that which we can as opposed to that in which we are most interested, and fail to appreciate the difference between the two. Experts may aid a trier of fact in measuring fair market value, fair value, investment value, or some other measure of value; however, courts make determinations with regard to a legal standard, not a financial standard. For example, “fair valuation” may be used for determinations of insolvency or the “fair and equitable” rule may be used for determinations of chapter 11 cramdown plan confirmation disputes. Other measures of value may be used in determining …

Justice That Heals: Transforming Discipline In Schools Through Restorative Practices, Sophia Diomande

CMC Senior Theses

Discipline is not simply a tool but a weapon — one that American educators have wielded for generations to regulate children and enforce habits of self-control and accountability. In a world where institutionalized forms of discrimination continue to plague judicial and educational systems alike, vis-à-vis the school-to-prison pipeline, the question must be asked: When does discipline stray beyond its intended purpose and into the realm of punishment? This thesis discusses the historical and contemporary implications of punitive discipline and its effects on students, particularly students of color and disabled students. Retributive policies such as suspensions, expulsions, physical restraint, and seclusions …

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …

The Educated Retail Investor: A Response To "Regulating Democratized Investing", Christina M. Sautter, Sergio Alberto Gramitto Ricci

Journal Articles

The diffusion of mobile-first investing apps, like Robinhood, has increased retail investor participation in financial markets, particularly from the Millennial and GenZ generations, and has increased the diversity of retail investors. However, mobile-first investing apps are not free from controversy. In Regulating Democratized Investing, Abraham Cable tackles the debate on regulating mobile-first investing apps and largely opposes paternalistic regulation, which would raise unsurmountable barriers at the entrance of the stock market for retail investors. But it concedes to a form of regulation that in Cable’s own words “serves ultra-retail investors a modest portion of what they really want.” We strongly …

"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman

FIU Law Review

Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …

Unmasking The Power Dynamic Between Local School Boards And The State Executive Branch: Implications For Future Local School Safety Protocols, Karla Michelle Cejas

FIU Law Review

The COVID-19 pandemic has brought attention to the government’s power in controlling the operation of public schools. The legal and political differences among local school boards and the State’s COVID policies are exemplified in media headline battles pertaining to school reopening and the Governor’s so called “anti-mask mandate.” The State capitalized on its emergency powers at the expense of providing local school boards with the autonomy to enact district-wide protective measures. Local school boards have faced several challenges in arguing against State Emergency Orders including a difficulty with proving state compulsion to comply with its directives, overly broad statutory language …

Reaching Out Through The Universal: The Powerful And Positive Role Of A Jesuit Catholic Law School On The Secular Line, Judith A. Mcmorrow

Touro Law Review

There are multiple ways in which Catholic law schools can provide an education that supports and reflects a Catholic vision. Some schools align more closely to an orthodox view in which text and doctrine are the starting lens. Catholic law schools closer to the secular end of the spectrum play a powerful role by actively building bridges with the secular world. These schools, either implicitly or explicitly, start with values framed in more universal terms -- a moral or ethical worldview that can implement the common good in the secular world. A Catholic law school that emphasizes the universal generally …

Tax Benefits And Fairness In K–12 Education, Linda Sugin

Faculty Scholarship

This Article examines the tax law’s subsidies for inequality and segregation in primary and secondary education, analyzing the federal charitable deduction and education savings plans, and state tax credits for education. It argues that the tax system diverts funds from traditional public education into private education, fostering economic, racial, religious, and political separation. The tax law also operates to increase resource inequality within public education by subsidizing schools that affluent children attend. In a novel analysis, the Article contends that the jurisprudence around the charitable deduction for education—though longstanding—is legally incoherent, and argues that no deduction should ever be allowed …

Education And Electronic Medical Records And Genomics Network, Challenges And Lessons Learned From A Large-Scale Clinical Trial Using Polygenic Risk Scores, Ellen Wright Clayton, John J. Connolly, Et Al.

Vanderbilt Law School Faculty Publications

Polygenic risk scores (PRS) have potential to improve health care by identifying individuals that have elevated risk for common complex conditions. Use of PRS in clinical practice, however, requires careful assessment of the needs and capabilities of patients, providers, and health care systems. The electronic Medical Records and Genomics (eMERGE) network is conducting a collaborative study which will return PRS to 25,000 pediatric and adult participants. All participants will receive a risk report, potentially classifying them as high risk (∼2-10% per condition) for 1 or more of 10 conditions based on PRS. The study population is enriched by participants from …

Front Matter

BYU Education & Law Journal

No abstract provided.

Performance Gaps And Opportunities For Growth: Addressing Remote Learning In Nevada, Anna Dreibelbis-Colquitt

BYU Education & Law Journal

Although education is not a fundamental right under the United States Constitution, it is nonetheless deemed as “perhaps the most important function of state and local governments.” The importance of education is reinforced through the Nevada Constitution. Specifically, Article 11 states that “[t]he legislature shall provide for a uniform system of common schools,” which is seen through the public school system. However, this ‘uniform’ system drastically changed two years ago with the surge in online learning.

Changemakers: Master Of Studies In Law: "Exactly What I Needed...": John Marion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman

Faculty Articles

As a native Texan who attended intentionally segregated Texas public schools, then an effectively segregated Texas public law school, litigated many cases against discrimination in Texas education, and now teaches Texas education law, I have what I think to be informed opinions on where we have been, where we are going, and what we should do next. I will briefly describe our sad history of discrimination in segregation, school finance, testing, higher education, and lack of responsiveness to newer issues in education at all levels. I will then summarize some of our ongoing challenges and some possible approaches that I …

Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson

Elisabeth Haub School of Law Faculty Publications

Title IX of the Education Amendments Act of 1972 (“Title IX”) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define “sex” to include discrimination on the basis of menstruation or related conditions such as perimenopause and menopause. This textual absence has caused confusion over whether Title IX must be interpreted to protect students and other community members from all types of sex-based discrimination. It also calls into question the law's ability to break down systemic sex-based barriers related to menstruation in educational spaces. Absent an interpretation that there …

"The Stop Woke Act": Hb 7, Race, And Florida's 21st Century Anti-Literacy Campaign, Katheryn Russell-Brown

UF Law Faculty Publications

Florida’s Stop the Wrongs to Our Kids and Employees Act (Stop WOKE) took effect July 1, 2022. The new law, known as House Bill 7 (HB 7), regulates how race issues can be taught in the K-20 educational system and imposes stiff sanctions for violations. This Article provides an incisive analysis of HB 7, with a particular focus on the law school classroom. It begins with a discussion of anti-literacy laws adopted during slavery and how these laws prohibited enslaved Blacks from learning to read and write. The historical analysis establishes that HB 7 is a modern-day iteration of anti-literacy …

Public Good Through Charter Schools?, Philip Hackney

Articles

Should nonprofit charter schools be considered “charitable” under § 501(c)(3) of the Internal Revenue Code and be entitled to the benefits that go with that designation (income tax exemption, charitable contribution deduction, etc.)? Current tax law treats them as such; the question is whether there is a good rationale for this treatment. In addition to efficiency and equity, I consider political justice as a value in evaluating tax policy. By political justice, I mean a democratic system that prioritizes the opportunity for more people to have a voice in collective decisions (political voice equality or PVE). Thus, a tax policy …

The Nih-Moderna Vaccine: Public Science, Private Profit, And Lessons For The Future, Christopher J. Morten

Faculty Scholarship

This commentary highlights the scientific history of the NIH-Moderna COVID-19 vaccine and corroborates Sarpatwari’s theme of private capture of value created by the public. The commentary also identifies missteps by the Trump and Biden Administrations and offers policy recommendations: better contracts with and incentives for pharmaceutical manufacturers and a not-for-profit “public option” for pharmaceutical development.

Title Ix And The Challenges Of Educating For Equality, Linda C. Mcclain

Faculty Scholarship

Educating for equality to foster practicing equality must be a vital task for the next fifty years of Title IX. It is also a task that fits into the mission and expertise of schools as educational institutions. I use “educating for equality” as shorthand for the role of schools in preparing children, adolescents, and college students to participate in and build a world in which—to echo Title IX’s “37 words that changed everything”¹—“No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to …

Title Ix’S Unrealized Potential To Prevent Sexual Violence, Katharine B. Silbaugh

Faculty Scholarship

The mandate of Title IX is equality in educational opportunities. If educational institutions could prevent sexual assaults from occurring, they would more fully ensure that students are not limited in their ability to benefit from the school’s educational programs. However, Title IX administration on college campuses still focuses far more on post-assault infrastructure than on assault prevention.

Yet with the ever-increasing particularity of the assault response requirements emanating from the Department of Education (“DOE”)2 and courts, Title IX jurisprudence has strayed too far from this basic purpose: to ensure that students in federally funding schools are not denied or limited …