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Articles 31 - 60 of 82
Full-Text Articles in Education Law
Implementing A Uniform Burden Of Proof For Title Ix Coordinators During The Investigation Stage: An Objective And Efficient Approach To Title Ix, Sara Krastins
St. John's Law Review
(Excerpt)
Imagine it is 1972. Congress just enacted Title IX of the Education Amendments, and it is signed into law by President Nixon. For the first time in United States history, legislators recognize sex discrimination as a pervasive issue in educational environments. The law is enacted with the purpose of ending sex discrimination in college sports; for the first few years, that is the only purpose Title IX serves.
Gradually, Title IX expands into the realm of sexual and interpersonal violence on college campuses. Yet despite the law’s expansion, compliance with Title IX is neglected. No entity actively monitors schools’ …
Free Speech, Public Safety, & Controversial Speakers: Balancing Universities' Dual Roles After Charlottesville, Elisabeth E. Constantino
Free Speech, Public Safety, & Controversial Speakers: Balancing Universities' Dual Roles After Charlottesville, Elisabeth E. Constantino
St. John's Law Review
(Excerpt)
This Note seeks to develop an approach to hateful and controversial speech that protects First Amendment values and students alike. Part I discusses the legal backdrop and First Amendment tradition that underlies a permissive view of hateful speech on university campuses. Part I also discusses the roots of time, place, and manner regulations and the public forum doctrine, both of which recent legislation invokes. Part II provides a timeline of events that have highlighted the tension between free speech and public safety on campuses. Part II also discusses the eruption of legislation that these events inspired. Finally, Part III …
Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson
Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson
Journal of Civil Rights and Economic Development
(Abstract)
In this critical, conceptual essay, the author argues that the School-to-Prison Pipeline (“STPP”) simply does not exist. Long before Columbine and the enactment of zero tolerance, caregivers have been wrongly harming their children, something causing them toxic stress that triggers their stress-response system, and making it nigh impossible for children easily ensnared by suspensions, expulsions, referrals to alternative schools, and SRO arrests to have the best developmental start and cognitive abilities to succeed in public schools. Further, teachers and administrators who are pressured to report great educational metrics, and for their own childhood reasons have a near inflexible need …
Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala
Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala
Journal of Civil Rights and Economic Development
(Excerpt)
Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-Prison Pipeline is a troubling phenomenon in which students are suspended, expelled or even arrested for minor offenses instead of being sent simply to an administrator’s office. Often, these students have backgrounds of poverty, abuse, neglect, and may even have learning disabilities. Instead of being offered counseling, “unruly” …
Against Shaming: Preserving Dignity, Decency, And A Moral-Educative Mission In American Schools, Amanda Harmon Cooley
Against Shaming: Preserving Dignity, Decency, And A Moral-Educative Mission In American Schools, Amanda Harmon Cooley
St. John's Law Review
(Excerpt)
While there has been an extensive amount of scholarly discourse regarding the propriety of shaming as a criminal sanction, there has been almost no critical discussion about the validity of shaming punishments as disciplinary measures in schools. This Article is designed to initiate this needed dialogue by arguing for the cessation of school shaming through a legal theory lenses. To accomplish this objective, Part I of this Article provides a definitional foundation of shaming punishments. Part II of the Article presents the normative rejection of school shaming, which is grounded in both legal punishment theory and educational theory. It …
Professional Standards And The First Amendment In Higher Education: When Institutional Academic Freedom Collides With Student Speech Rights, Clay Calvert
St. John's Law Review
(Excerpt)
Using the decisions in Keefe, Oyama and Tatro as analytical springboards, this Article examines rising tensions between institutional academic freedom and the First Amendment speech rights of college students. Specifically, the friction addressed here occurs when universities enforce external professional standards on students within their curricula. Initially, Part I provides a primer on institutional academic freedom. Part II then contrasts the vastly deferential Hazelwood approach to professional-standards disputes embraced by the Eighth Circuit in Keefe with the somewhat more rigorous ones adopted by the Ninth Circuit in Oyama and Minnesota’s Supreme Court in Tatro.
Part III then …
Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq.
Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq.
Journal of Civil Rights and Economic Development
(Excerpt)
Part I of this Note discusses the historical evolution of how Title IX came to incorporate sexual violent crimes on colleges and universities. Moreover, Part I defends the existence of Title IX. Specifically, it evaluates the value of the “Dear Colleague” letter (“the Letter”), which outlines the procedures and responsibilities of educational institutions to protect students and enforce a discrimination-free (specifically sexual violence free) environment on campuses. Part I concludes by discussing sanctions imposed on schools for non-compliance of Title IX procedures and thus, the limited success of Title IX on campuses.
Part II briefly discusses critiques of Title …
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Faculty Publications
(Excerpt)
Student activism has been part of the fabric of American higher education since the eighteenth century. Indeed, some scholars have called it "as American as apple pie." From Harvard's "Great Butter Rebellion" in 1766 when students pushed for better food to the multicultural movement of today when students have demanded increased diversity in student, staff, faculty, and curriculum, students have long pressed to have their voices heard. Continuing in this tradition, we now live in an age of student activists who, by organizing through social media, are getting more people involved in political conversations and causes than would otherwise …
Violence In Schools, Sr. Mary Angela Shaughnessy
Violence In Schools, Sr. Mary Angela Shaughnessy
The Catholic Lawyer
No abstract provided.
Persistent Monkey On The Back Of The American Public Education System: A Study Of The Continued Debate Over The Teaching Of Creationism And Evolution, Gabriel Acri
The Catholic Lawyer
No abstract provided.
Education Litigation, Kevin T. Baine
The Law Of Collegiality: Revisiting Niagara University V. Nlrb, Rev. Carl L. Pieber
The Law Of Collegiality: Revisiting Niagara University V. Nlrb, Rev. Carl L. Pieber
The Catholic Lawyer
No abstract provided.
Esea Title I Litigation - Update, Charles H. Wilson, Esq., Williams & Connolly, Washington, D.C.
Esea Title I Litigation - Update, Charles H. Wilson, Esq., Williams & Connolly, Washington, D.C.
The Catholic Lawyer
No abstract provided.
Funding Public Education: A Need For Legislative Reform, Felix L. D'Arienzo
Funding Public Education: A Need For Legislative Reform, Felix L. D'Arienzo
The Catholic Lawyer
No abstract provided.
Roe V. Doe: Child's Right To A College Education V. Parent's Right Of Control, William C. Podurgiel
Roe V. Doe: Child's Right To A College Education V. Parent's Right Of Control, William C. Podurgiel
The Catholic Lawyer
No abstract provided.
Equal Educational Opportunity: A Case For The Children, Kathaleen B. Burke
Equal Educational Opportunity: A Case For The Children, Kathaleen B. Burke
The Catholic Lawyer
No abstract provided.
Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner
Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner
Journal of Civil Rights and Economic Development
No abstract provided.
The Textbook Case, Patrick S. Duffy
Federal Aid For Children And Teachers In All Schools, T. Raber Taylor
Federal Aid For Children And Teachers In All Schools, T. Raber Taylor
The Catholic Lawyer
No abstract provided.
The Child Benefits System In Operation - Federal Style, Hugh L. Carey
The Child Benefits System In Operation - Federal Style, Hugh L. Carey
The Catholic Lawyer
No abstract provided.
Recent Decisions: Textbooks For Parochial Schools
Recent Decisions: Textbooks For Parochial Schools
The Catholic Lawyer
No abstract provided.
Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees
The Catholic Lawyer
No abstract provided.
Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education
The Catholic Lawyer
No abstract provided.
Right To Travel; Aid To Education; Law And Morals; Religious Liberty; Obscenity And The Law; Segregation; Divorce And The Catholic Attorney;
The Catholic Lawyer
No abstract provided.
Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.
Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.
The Catholic Lawyer
No abstract provided.
Should The State Aid Private Schools?, Robert F. Drinan, S.J.
Should The State Aid Private Schools?, Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda
Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda
Journal of Catholic Legal Studies
No abstract provided.
A Collision Of Practice And The Law In U.S. Schools And School Districts, Yvonne Pratt-Johnson
A Collision Of Practice And The Law In U.S. Schools And School Districts, Yvonne Pratt-Johnson
Journal of Civil Rights and Economic Development
No abstract provided.
Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee
Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee
Faculty Publications
(Excerpt)
In a tragic case that received international attention, 15-year-old Phoebe Prince killed herself after being bullied—both physically and online—by some of her classmates. Phoebe had moved to Massachusetts from a small town in Ireland, enrolling as a freshman at South Hadley High School. After a brief relationship with a popular boy in the senior class, the taunting by her classmates began. Some students called her an “Irish slut” and a “whore,” knocked things out of her hands, and sent her threatening texts. Some of the students used Facebook and Twitter to speak badly about her. Phoebe suffered this treatment …
A Contract Theory Of Academic Freedom, Philip Lee
A Contract Theory Of Academic Freedom, Philip Lee
Faculty Publications
(Excerpt)
Academic freedom is central to the core role of professors in a free society. Yet, current First Amendment protections exist to protect academic institutions, not the academics themselves. For example, in Urofsky v. Gilmore, six professors employed by various public colleges and universities in Virginia challenged a law restricting state employees from accessing sexually explicit material on computers owned or leased by the state. The professors claimed, in part, that such a restriction was in violation of their First Amendment academic freedom rights to conduct scholarly research. The Fourth Circuit upheld the law and noted that “to the …