Education Law Commons^™

A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave

University of Miami Law Review

This Article examines the procedural protections afforded by the top American colleges and universities. After briefly situating these policies historically, it presents original research on the procedural protections provided by the top twenty universities, top ten liberal arts colleges, and top five historically black colleges as ranked by U.S. News and World Reports. In 2015, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof, right to an adjudicatory hearing, right to confront and cross-examine witnesses, right to counsel, right to silence, and right to appeal. This Article describes …

Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato

University of Miami Law Review

College journalists are in a unique position. On one hand, they are typical college students, attending classes and cheering on the team at all the big games. On the other, they serve as investigative journalists, revealing the university’s deepest flaws on the front page of their newspaper. These roles should not be mutually exclusive, but at an alarming rate, universities are attempting to rid themselves of bad press by censoring their own campus newspapers.

This Note argues that universities can get away with this because of the current structure of the public forum doctrine. This doctrine determines the extent to …

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

University of Miami Law Review

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. Second, I argue that a campus presence requirement for regulating any kind of off-campus cyberspeech never really existed, so any suggestion to the contrary …

Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth

University of Miami Law Review

Freedom of expression is at risk at colleges and universities across the country. While campus administrators employ a number of strategies to censor speech they disfavor, this piece explores the trend of justifying censorship and punishment of expression by labeling it a “threat” and citing concerns about safety. In contrast to the kind of speech the Supreme Court has defined as a “true threat,” the expression at issue in the cases discussed here poses no safety risk, comprising political commentary, jokes, and pop culture references. Its punishment both trivializes actual dangers and chills campus discourse. Accordingly, it is imperative that …

Keynote Address, Justice John Paul Stevens (Ret.)

University of Miami Law Review

No abstract provided.

The Limits Of Education Purpose Limitations, Elana Zeide

University of Miami Law Review

While student privacy has been a public issue for half a century, its contours change in response to social norms, technological capabilities, and political ideologies. The Family Educational Rights and Privacy Act (FERPA) seeks to prevent inaccurate or inappropriate information about students from being incorporated into pedagogical, academic, and employment decisionmaking. It does so by con- trolling who can access education records and, broadly, for what purposes.

New education technologies take advantage of cloud computing and big data analytics to collect and share an unprecedented amount of information about students in class- rooms. Schools rely on outside, often for-profit, entities …

One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman

University of Miami Law Review

Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.

This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …

“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox

University of Miami Race & Social Justice Law Review

No abstract provided.

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

University of Miami Business Law Review

No abstract provided.

The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello

University of Miami Business Law Review

No abstract provided.

It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell

University of Miami Business Law Review

No abstract provided.

Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.

University of Miami Business Law Review

No abstract provided.

Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon

University of Miami Business Law Review

No abstract provided.

Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber

University of Miami Business Law Review

No abstract provided.

Post-Crisis Legal Education: Some Premature Thoughts, David Yellen

Articles

No abstract provided.

Campus Sexual Assault Adjudication: Why Universities Should Reject The Dear Colleague Letter, Tamara Rice Lave

Articles

No abstract provided.

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

Articles

No abstract provided.

Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar

University of Miami Law Review

“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy …

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

Articles

Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

Articles

In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …

The Impact Of Rankings And Rules On Legal Education Reform, David Yellen

Articles

Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association's accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James

Articles

No abstract provided.

University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill

Articles

Even as certain policy makers press for mandatory payouts from endowments, the concept of an endowment remains surprisingly elusive. In the absence of either operational concepts of endowments or well-established metrics for identifying and measuring endowments, public policy discussions proceed with an implicit model of an endowment as "money in waiting" that is not currently in use for exempt educational purposes. This Article suggests that endowments, however conceptualized or measured, are better understood as "money in use" even though it is not being distributed. It argues that most endowment money is currently in use for at least two purposes. The …

On Logic In The Law: Something, But Not All, Susan Haack

Articles

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.

Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James

Articles

No abstract provided.

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.

The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel

Articles

No abstract provided.

What Juvenile Court Abolitionists Can Learn From The Failures Of Sentencing Reform, David Yellen

Articles

No abstract provided.

Education Emancipation For Inner City Students: A New Legal Paradigm For Achieving Equality Of Educational Opportunity, Justin J. Sayfie

University of Miami Law Review

No abstract provided.

Teaching Philosophy Of Law In Law Schools: Some Cautionary Remarks, Patricia D. White

Articles

No abstract provided.