Education Law Commons^™

From Classroom To Courtroom And Back: Exit, Voice, And The Struggle Over Public Education In America, Shai Stern

Buffalo Law Review

No abstract provided.

Suspending The Truancy Paradigm, Barbara Fedders, Lucy Carlson, Max Parker

Buffalo Law Review

In the aftermath of the COVID-19 pandemic, school absences have skyrocketed. While racially minoritized, disabled, and low-income students have historically been, and remain, most likely to experience absence, white and affluent students’ rates of attendance have also declined. To respond to this new universality of student absenteeism, some policymakers have begun to seek alternatives to what we term “the truancy paradigm.”

We define the truancy paradigm as the range of coercive and often punitive interventions deployed by states and school districts to enforce compulsory attendance statutes. This paradigm, we argue, wrongly assumes (a) that strict enforcement of compulsory attendance laws …

A National Survey And Critical Analysis Of University Police Statutes, Vanessa Miller

Buffalo Law Review

This Paper provides an empirical study and critical analysis of university police statutes in all fifty jurisdictions, Guam, Puerto Rico, and the District of Columbia. The primary focus of the survey is to examine the regulatory framework governing campus police officers at public institutions of higher education. The study employs a crossdisciplinary approach, combining critical legal and qualitative analyses to provide a comprehensive overview of the legal landscape surrounding university police across the United States. The findings of the study include several key elements related to university police, such as police powers, jurisdiction, governing bodies, removal procedures, and use of …

The War On Higher Education, Athena D. Mutua, Jonathan Feingold, Angela Harris, Emily M. S. Houh, Matthew Patrick Shaw, Francisco Valdes

Journal Articles

Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the increasingly brazen right-wing efforts in the U.S. Congress and the States to erode academic freedom and university independence— two pillars of our democratic republic. We also identify a bi-partisan source of higher education’s present precarity: the neoliberal policies that precipitated the privatization and corporatization of universities across the country.

The Forgotten: Nyc And School Segregation, Deja Graham

Buffalo Human Rights Law Review

School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …

Racial Isolation, School Police, And The “School-To-Prison Pipeline”: An Empirical Perspective On The Enduring Salience Of “Tipping Points”, Michael Heise

Buffalo Law Review

Two broad trends inform public K-12 education’s current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource officer (“SRO/police”) presence in schools. Increases in the magnitude of a school’s SRO/police presence correspond with increases in the school’s propensity to engage law enforcement agencies in student disciplinary matters which, in turn, help fuel a growing school-to-prison pipeline problem. While these two broad trends propel two distinct research literatures, …

Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie

Buffalo Law Review

No abstract provided.

Tenure In New York, Matthew W. Finkin

Buffalo Law Review

No abstract provided.

Access To University Education By Learners With Physical Disabilities: Combating The Barriers, Edwin O. Abuya, Jane W. Githinji

Buffalo Human Rights Law Review

No abstract provided.

The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine

Buffalo Law Review

The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …

Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz

Buffalo Law Review

No abstract provided.

The Implications Of Inequality For Fiscal Federalism (Or Why The Federal Government Should Pay For Local Public Schools), Brian Highsmith

Buffalo Law Review

In designing public policy, a question of first principle is the degree to which government services—and the mechanisms of collecting revenue to finance those services—should be centralized within and across political systems. To inform their assessments of where redistribution should properly occur, public finance researchers have, to date, worked backwards from different assumptions about the mobility of residents within the political community. Scholars have disagreed about the viability of local governments’ efforts to redistribute wealth—with traditionalists arguing that these efforts are made impossible by residential mobility, and recent reformists countering that limitations on mobility indeed allow for limited redistribution at …

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory Crespi

Buffalo Law Review

A few people have now applied for and obtained tax-exempt debt forgiveness of their federal student Direct Loans under the Public Service Loan Forgiveness (PSLF) program after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” While only a relatively small number of people have received debt forgiveness to date, I estimate that as the number of persons eligible ramps up sharply in 2018 and thereafter eventually 200,000 people a year or more will obtain debt forgiveness under the PSLF program, at a total cost to the Treasury of $12 billion per year …

The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt

Buffalo Law Review

No abstract provided.

The Ncaa Student-Athlete Reinstatement Process: Say What?, Josephine R. Potuto

Buffalo Law Review

No abstract provided.

The Fraudulent Case Against Affirmative Action—The Untold Story Behind Fisher V. University Of Texas, Mark S. Brodin

Buffalo Law Review

No abstract provided.

20 U.S.C. § 1406(B), Brian J. Levy

Buffalo Law Review

No abstract provided.

Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura

Buffalo Public Interest Law Journal

No abstract provided.

No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang

Buffalo Law Review

No abstract provided.

Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.

The Idea Eligibility Mess, Mark C. Weber

Buffalo Law Review

No abstract provided.

Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland

Buffalo Human Rights Law Review

No abstract provided.

Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes

Buffalo Public Interest Law Journal

No abstract provided.

Death By A Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions Of Higher Learning, Mark Strasser

Buffalo Law Review

No abstract provided.

Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii

Buffalo Public Interest Law Journal

No abstract provided.

Where Does Forum For Academic And Institutional Rights V. Rumsfeld Leave Military Recruiting Efforts?, Angel M. Overgaard

Buffalo Law Review

No abstract provided.

Report Card: Grading The Country's Response To Columbine, Scott R. Simpson

Buffalo Law Review

No abstract provided.

Academics, Public Employee Speech, And The Public University, Jennifer Elrod

Buffalo Public Interest Law Journal

No abstract provided.

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Buffalo Law Review

No abstract provided.