Education Law Commons^™

Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins

Graduate Theses and Dissertations

The purpose of this project is to provide historical awareness for how Title IX, the anti-gender discrimination law in education, evolved to where it is today and the impact it has on universities in the United States. Strong-willed individuals sought change in the late 1960s and 1970s to prevent gender discrimination in education, thus beginning the creation of the law and making it a powerful tool for women’s rights. As Title IX expanded its reach, universities have been shaped by gender discrimination in athletics, sexual assault, harassment and rape. This project outlines the evolution of Title IX through research based …

Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson

Washington and Lee Journal of Civil Rights and Social Justice

Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing good ideas …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two, Kyle Velte

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Journal of Research & Scholarship

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative …

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

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 …

A Dream Still Deferred: The Unlawful Use Of Student Fees For Instructional Technology In An Alabama Public School Causing A Disparate Impact For Minority Children, Taurus Myhand

Scholarly Works

In framing the United States Constitution, the public education mandate was reserved for the states to strengthen, not weaken, the efforts of the governments to provide an education for the people. However, there are far too many instances where equal access to educational opportunities is still a dream deferred for many racial and ethnic minority children that are enrolled in public school systems throughout the United States. That is particularly the case for racial and ethnic minority students at one public school system in Alabama. This Note explores the constitutional issues raised by Pike Road School System’s use of mandatory …

Universities As “Sanctuaries”, Maryam Ahranjani

Scholarly Works

When Donald Trump, a businessman and reality television personality with antiimmigrant views, was elected President of the United States in November 2016, thousands of students, faculty and staff at many colleges and universities around the country implored their institutions to affirmatively declare themselves sanctuaries for undocumented students. Enjoying support both from the estimated 200,000 undocumented university students and other stakeholders, the movement gained quite a bit of momentum, but many contentious battles also have occurred. According to the author's empirical analysis, only twenty of the more than 5,000 institutions of higher education in the United States have adopted the sanctuary …

Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach

Brooklyn Journal of International Law

The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …

Piloting Personhood: Reflections From The First Year Of A Supported Decision-Making Project, Kristin Booth Glen

Cardozo Law Review

The amazing Symposium on Personhood and Civic Engagement by People with Disabilities included a variety of perspectives: legal, cultural, historical, philosophical, and educational, including a panel on "Legal Barriers to Personhood" from which this article was derived. Despite legal analysis, theory, and even description, there was little "in the weeds" discussion of how personhood can actually be protected and preserved for persons with intellectual and developmental disabilities (I/DD).1 Locating personhood within the human right of legal capacity, and positing guardianship in diametric opposition, this Article attempts to describe some of the lessons I have learned in the first year of …

Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel

Pace Law Review

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and FERPA …

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal school desegregation cases …

Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli

Georgia Journal of International & Comparative Law

No abstract provided.

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page

Journal Publications

This paper addresses childhood obesity and its correlating effects on an obese child's academic development. The terms and studies outlined in this paper specifically address the issue of obesity in children. It is important to state this distinction because obesity among children is defined and measured differently than it is among adults. Before discussing the differences in the academic development of non-obese children and obese children, I will begin by defining the following terms: "Body Mass Index (BMI)," "BMI-for-age," "Overweight," "Percentile Rates," and "Childhood Obesity."

Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.

The Implementation Of The Right To Education In Indonesia, Munafrizal Manan

Indonesia Law Review

This article discusses the implementation of the right to education in Indonesia. It uses human rights and historical approaches. Human rights approach is used to describe international human rights instruments on the guarantee of the right to education that is applied universally. This approach is also dealing with international human rights instrument on the right to education that has been ratified by Indonesia as well as national regulation instruments on the right to education applied in Indonesia. Historical approach highlights the role of Indonesian governments in education sector after the Independence Day, especially regarding the implementation of the right to …

Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino

Faculty Works

Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the extent to which the existing hybrids are suited to achieving social purposes objectives, including in comparison to modified traditional forms of business organization. Finding the current fleet of hybrids an innovative, useful start, but with need to evolve, this article proposes statutory language (set forth in a detailed appendix, and summarized in the article text), and …

Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas

Cardozo Journal of International and Comparative Law

The note argues that the Palestinian Authority's curriculum, used in UNRWA schools, violates the Convention on the Rights of the Child (CRC) by promoting a culture of violence, martyrdom, and jihad, rather than fostering respect for human rights, peace, and tolerance. It contends that donor countries, particularly the U.S. and E.U., bear responsibility for these violations due to their significant funding of UNRWA and the extraterritorial obligations under the CRC. The note proposes conditioning future funding on the adoption of a neutral education system to ensure compliance with the CRC.

To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The International Legal Status Of International Non-Governmental Organizations: The Century-Long Normative Debate And Its Future Prospects, Rephael Ben-Ari

Cardozo Journal of International and Comparative Law

The legal status of international non-governmental organizations (INGOs) remains unresolved despite their growing influence in global politics. Over the past century, various proposals and frameworks have attempted to define INGOs' legal personality and legitimacy, but these efforts have been criticized for being either overly simplistic or politically unattainable. The article argues that while INGOs wield significant power and legitimacy through lobbying, public mobilization, and operational activities, their lack of formal international legal personality leaves their position ambiguous. The analysis highlights the need for a systematic evaluation of past efforts to inform future attempts at establishing a coherent legal framework for …