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Articles 61 - 90 of 160
Full-Text Articles in Education Law
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.
Richmond Journal of Law and the Public Interest
The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …
It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson
It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson
Richmond Journal of Law and the Public Interest
Public education in the United States is a big business. In the fall of 2011, more than 55.5 million students from kindergarten through 12th grade were expected to enroll in the nation's public schools at a total cost of $599,145,678,000. Though it is a service provided by local governments, its cost is borne by local, state, and, to a more limited extent, federal taxpayers. Providing public education is a massive undertaking and no one level of government can solely bear its cost. Governmental revenue sources, from which allocated shares of expense are presently borne, differ. Local funding is provided predominately …
The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine
The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine
Richmond Journal of Law and the Public Interest
This chapter examines the recent wave of laws aimed at enhancing teacher evaluation and accountability, and recommends strategies for moving forward in a way that holds greater promise for providing students with more equal and greater educational opportunities. First, this chapter provides a historical overview of the legal landscape governing the primary functions of the teacher workforce. Second, the major characteristics of this new wave of laws are examined. Third, the strengths and potential pitfalls entailed by these laws are analyzed in light of educational research. Finally, this chapter offers recommendations for improving teacher evaluation and accountability laws in a …
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Richmond Journal of Law and the Public Interest
This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …
Learning To Litigate: University Patents In The Knowledge Economy, Jacob H. Rooksby
Learning To Litigate: University Patents In The Knowledge Economy, Jacob H. Rooksby
Law Faculty Publications
Over the nearly two de cades since the publication of Academic Capitalism: Politics, Policies, and the Entrepreneurial University (Slaughter and Leslie 1997), the model of academic capitalism has become one of the more widely cited conceptual frameworks in the global literature on higher education. Works in the academic capitalist canon have relied on the two basic understandings of the theory of academic capitalism and the new economy, as articulated by Slaughter and Leslie (1997), Slaughter and Rhoades (2004), and Rhoades and Slaughter (2006). Rhoades and Slaughter (2006) summarize these two conceptual strands as “the increasing engagement of higher education institutions …
Universitytm: Trademark Rights Accretion In Higher Education, Jacob H. Rooksby
Universitytm: Trademark Rights Accretion In Higher Education, Jacob H. Rooksby
Law Faculty Publications
Colleges and universities are no strangers to intellectual property. In a higher education environment increasingly challenged by dwindling state appropriations and stagnant or declining tuition revenue, the pressure is on for colleges and universities to generate revenue via new channels. The commercialization of intellectual property has proven to be a popular, albeit imperfect, vehicle in furtherance of these efforts. Although there is no shortage of both legal and higher education commentary focusing on the treatment of patents and copyrights by institutions of higher education, trademark activity by colleges and universities largely has escaped attention. ...
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
This article presents a survey of the significant developments in the area of K-12 education law in Virginia from 2012 to the present. After two of the most active legislative and judicial sessions for education policy in recent years, this review can present only a select number of the many education-related statutes and judicial decisions introduced during this time. This survey places a special emphasis on the Virginia General Assembly's recent legislative updates to the Virginia education code. The volume and significance of these updates reflects Governor Robert McDonnell's commitment in 2013 to pursuing a bold education agenda. As Congress …
In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson
In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson
University of Richmond Law Review
No abstract provided.
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald
Law Student Publications
In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Richmond Journal of Law and the Public Interest
By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does …
Reclaiming Hazelwood: Public School Classrooms And A Return To The Supreme Court's Vision For Viewpoint-Specific Speech Regulation Policy, Brad Dickens
Richmond Journal of Law and the Public Interest
Federal and circuit courts continue to fiercely debate whether the Supreme Court's 1988 ruling in Hazelwood v. Kuhineier requires school policies regulating student speech and expression to be viewpoint neutral. However, this note suggests that the language of Hazelwood itself shows that the Circuit debate may be misguided. The Supreme Court intended Hazelwood to stand as a narrow exception to its earlier holding in Tinker, and Hazelwood only applies in instances where the government's own voice is implicated, largely in a public context. When the school, and in effect the government, is speaking with its own voice, the school must …
Keeping The “Free” In Teacher Speech Rights: Protecting Teachers And Their Use Of Social Media To Communicate With Students Beyond The Schoolhouse Gates, Mark Schroeder
Richmond Journal of Law & Technology
Debate is raging within many school districts around the country about public school teachers’ interactions with their students outside of school through social media sites, such as Facebook and MySpace.
Reclaiming Hazelwood: Public School Classrooms And A Return To The Supreme Court's Vision For Viewpoint-Specific Speech Regulation Policy, Brad Dickens
Richmond Public Interest Law Review
Federal and circuit courts continue to fiercely debate whether the Supreme Court's 1988 ruling in Hazelwood v. Kuhineier requires school policies regulating student speech and expression to be viewpoint neutral. However, this note suggests that the language of Hazelwood itself shows that the Circuit debate may be misguided. The Supreme Court intended Hazelwood to stand as a narrow exception to its earlier holding in Tinker, and Hazelwood only applies in instances where the government's own voice is implicated, largely in a public context. When the school, and in effect the government, is speaking with its own voice, the school must …
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
Law Faculty Publications
This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Richmond Public Interest Law Review
By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does …
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald
Richmond Public Interest Law Review
In four parts, this article focuses on NCLB's negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act ("IDEA"). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB's pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen
Richmond Public Interest Law Review
In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …
Myriad Choices: University Patents Under The Sun, Jacob H. Rooksby
Myriad Choices: University Patents Under The Sun, Jacob H. Rooksby
Law Faculty Publications
How universities handle potentially patentable discoveries made by their faculty reflects important policy decision that affect the greater public. While few research administrators in higher education would dispute that any university-owned patent should be used for society's benefit, the relationship between patents and the public good may be less apparent to those whose primary familiarity with patents stems from recent news reports of "patent trolls" and billion-dollar battles in the smartphone industry. ...
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald
Richmond Journal of Law and the Public Interest
In four parts, this article focuses on NCLB's negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act ("IDEA"). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB's pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen
Richmond Journal of Law and the Public Interest
In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …
When Tigers Bare Teeth: A Qualitative Study Of University Patent Enforcement, Jacob H. Rooksby
When Tigers Bare Teeth: A Qualitative Study Of University Patent Enforcement, Jacob H. Rooksby
Law Faculty Publications
The pursuit of patents is a key avenue of economic development and revenue generation for American research universities, and one with significant policy implications for higher education. In a time of shifting funding models for higher education, the $1.8 billion dollars American universities generated in revenues in 2011 from licensing their patents makes patenting an attractive candidate for further university attention and resource investment. Spurred in part by the Bayh-Dole Act of 1980, research universities across the country have created vast institutional apparatuses—typically centered in technology transfer offices (“TTOs”)—to help move ideas invented in the laboratory and classroom into commercial …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
Law Student Publications
The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller
The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller
University of Richmond Law Review
No abstract provided.
On The Need For Public Boarding Schools, Kevin Woodson
On The Need For Public Boarding Schools, Kevin Woodson
Law Faculty Publications
Nowhere is the inadequacy of American public education more striking than in high-poverty, urban schools populated by disadvantaged minority students. Despite decades of legal, policy, and scholarly efforts aimed at addressing the challenges facing these schools, the academic prospects of poor students are currently as grim as they have been in recent memory. Reformers seeking to address this problem have largely focused on transforming public education from within by focusing on school conditions or teacher performance.. These efforts have largely failed to bring about real progress: despite decades of litigation and reform, our nation’s most disadvantaged children continue to lack …
Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss
Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss
Richmond Journal of Law & Technology
In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein
Richmond Journal of Law and the Public Interest
Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …
Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin
Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin
Richmond Public Interest Law Review
The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.
Reviewing Joan Delfattore's Knowledge In The Making, Suzanne Corriell
Reviewing Joan Delfattore's Knowledge In The Making, Suzanne Corriell
Law Faculty Publications
A book review of Joan DelFattore's Knowledge in the Making.
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein
Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein
Richmond Public Interest Law Review
Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …