Education Law Commons^™

The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics, Donna J. King

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.

To License Or Not To License? A Look At Differing Approaches To Policing The Activities Of Nonlawyer Immigration Service Providers, Careen Shannon

Cardozo Law Review

State (and some local) governments have struggled to find ways to protect immigrants from exploitation by persons falsely holding themselves out as immigration lawyers or claiming expertise as notarios or immigration consultants. Existing legislation ranges from attempts to regulate the activities of nonlawyer immigration service providers (ISPs) by delineating prohibited practices; to requiring ISPs to post a bond or register with the state; to specifically restricting the provision of immigration assistance for compensation by any nonlawyer who is not accredited by the Board of Immigration Appeals to transcription, translation, document procurement and related clerical tasks. A comparative look at the …

Stop With The Exceptions: A Narrow Interpretation Of Tinker For All Student Speech Claims, Matthew Sheffield

Cardozo Public Law, Policy & Ethics Journal

The article examines the evolution of First Amendment rights for students in public schools, focusing on the landmark *Tinker v. Des Moines Independent School District* decision and its subsequent interpretations. While Tinker established that students retain their constitutional rights in schools, later Supreme Court rulings, such as Fraser, Hazelwood, and Morse, have narrowed its application, balancing student free speech against school administrative concerns. The article argues that these post-Tinker decisions are consistent with the original intent of Tinker and advocate for a narrow application of its principles to maintain equilibrium between student rights and school authority.

Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain

Cardozo Law Review

No abstract provided.

Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish

Cardozo Journal of Equal Rights & Social Justice

The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.

Harm Without Recourse: The Need For A Private Right Of Action In Federal Restraint And Seclusion Legislation, Alyssa Kaplan

Cardozo Law Review

No abstract provided.

The Faces Of Student Cell Phone Regulations And The Implications Of Three Clauses Of The Federal Constitution, Joseph O. Oluwole, William Visotsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the constitutionality of school district regulations on student cell phones, focusing on the Due Process Clause, the Free Speech Clause, and the Fourth Amendment. It argues that while schools have the authority to regulate cell phones to maintain an educational environment, such regulations must comply with legal standards to avoid infringing on students' rights. The analysis concludes that schools can enforce cell phone policies but must adhere to constitutional protections, particularly the Tinker test for speech and the T.L.O. test for searches.

Putting Their Money Where Their Mouth Is: The Case For Denying Qualified Immunity To University Administrators For Violating Students' Speech Rights, Azhar Majeed

Cardozo Public Law, Policy & Ethics Journal

The article argues that courts should deny qualified immunity to public university administrators when they violate students' First Amendment rights, particularly through unconstitutional speech codes or censorship of protected speech. It contends that the law on student expressive rights is clearly established, making it unreasonable for administrators to claim immunity. By holding administrators personally liable under 42 U.S.C. § 1983, the judiciary can better protect students' constitutional freedoms and deter future violations.

U.S. Legal Education Methods And Ideals: Application To The Japanese And Korean Systems, Matthew J. Wilson

Cardozo Journal of International and Comparative Law

The article examines the adoption of American-style legal education in Japan and South Korea, highlighting both the opportunities and challenges these reforms present. While these countries aim to enhance legal professionalism and competency by integrating practical skills and interactive teaching methods, they face significant cultural, structural, and systemic barriers. The analysis underscores the importance of adapting legal education to local contexts while balancing theoretical and practical training to meet global legal demands.

Recommendations Regarding Establishment Of A Mediation Clinic, Cynthia A. Savage

Cardozo Journal of Conflict Resolution

This article proposes utilizing consistent terminology and goals and recommends methods and approaches for effective design and implementation of supervised, hands-on, mediation training programs within conflict resolution graduate programs. Although law school programs are not addressed directly in this article and might differ in some respects as to their goals, effective methods and approaches will be much the same regardless of the setting.

Part I of this article will discuss terminology and propose a consistent clinic definition and clinic goals, and Part II will explore and make recommendations concerning clinic design. Part III will outline additional recommendations. Part IV provides …

Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa

Cardozo Journal of Equal Rights & Social Justice

The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.

Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the United States to adopt a model similar to the Council of Europe, allowing states to ban corporal punishment while respecting federalism. It highlights the negative effects of corporal punishment and the need for a comprehensive ban, drawing on international legal standards and empirical evidence.

The Role Of One Religiously Affiliated Law School, Michael Herz

Articles

No abstract provided.

The Power Of Symbols And Symbols As Power: Secularism And Religion As Guarantors Of Cultural Convergence, Susanna Mancini

Cardozo Law Review

No abstract provided.

Islamic Headscarves And Slippery Slopes, Murat Borovali

Cardozo Law Review

No abstract provided.

Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.

Opening Remarks, Jack Himmelstein

Cardozo Journal of Conflict Resolution

No abstract provided.

A Call For Dissent And Further Independence In The Ncaa Infractions Process, Gene A. Marsh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Henkle V. Gregory: A Landmark Struggle Against Student Gay Bashing, Armen H. Merjian

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Center For Jewish Pluralism V. Ministry Of Education, Ayala Procaccia, Salim Joubran, Uzi Vogelman

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Petitions, submitted following HCJ 10296/02 (hereinafter: the decision) and which concern the issue of the obligation to provide a “core studies program” in the secondary education recognized but unofficial institutions and in exempt secondary educational institutions, while properly implementing the findings of the decision handed down on the matter. This issue is related to the continual funding of educational institutions which did not prepare …

The Changing Faces Of Women's Colleges: Striking A Balance Between Transgender Rights And Women's Colleges' Right To Exclude, Cathy Perifimos

Cardozo Journal of Equal Rights & Social Justice

The note explores the tension between women's colleges' traditional mission of providing single-sex education and the rights of transgender students, arguing for the need to balance these interests through clear policies and legal frameworks.

Mitigating Disaster: A Communitarian Response, Robert M. Ackerman

Cardozo Journal of Conflict Resolution

In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …