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Articles 91 - 120 of 292
Full-Text Articles in Education Law
Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend
Cardozo Law Review
The note advocates for a more rigorous and proactive approach to incorporating assistive technology (AT) in special education, arguing that it is essential for ensuring students with disabilities receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). It critiques the current legal standard established by Rowley as insufficient, calling for a higher threshold that prioritizes maximizing educational opportunities. The analysis emphasizes the importance of comprehensive AT evaluations and the need for systemic improvements to prevent procedural violations and ensure effective implementation of AT in Individualized Education Programs (IEPs).
Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler
Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler
Cardozo Journal of Conflict Resolution
This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.
Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler
Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler
Cardozo Journal of Conflict Resolution
Since Roscoe Pound's famous 1906 speech to the American Bar Association on popular dissatisfaction with the administration of justice, the field of dispute resolution has taken up his cause. Frank Sander's speech at the 1976 Pound Conference marked a turning point in the field's growth and development within the United States. This symposium on its 40th Anniversary also marks a turning point: the globalization of alternative or appropriate dispute resolution ("ADR") in all its forms, in person and online, within and across national boundaries.
Consent Confusion, Aya Gruber
Consent Confusion, Aya Gruber
Cardozo Law Review
The slogans are ubiquitous: "Only 'Yes' Means 'Yes"'" "Got Consent?", "Consent is Hot, Assault is Not!" Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic "yes"?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today's widespread uncertainty …
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel
Cardozo Law Review
The article argues that free-range parenting, a child-rearing philosophy emphasizing independence and autonomy for children, is increasingly under attack by legal and child protective systems despite its benefits. While the Supreme Court has recognized parents' fundamental liberty interests in raising their children, these rights are often unenforced in cases involving free-range parents. The article contends that state interventions in such cases frequently fail to meet the strict scrutiny required by the Constitution, undermining parental autonomy and family integrity.
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Cardozo Law Review
No abstract provided.
Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson
Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson
Cardozo Law Review
No abstract provided.
Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel
Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel
Cardozo Law Review
No abstract provided.
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray
Cardozo Journal of Equal Rights & Social Justice
This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …
Pregnancy Discrimination Under Tide Ix: Compliance Concerns At Law Schools, Liani Balasuriya
Pregnancy Discrimination Under Tide Ix: Compliance Concerns At Law Schools, Liani Balasuriya
Cardozo Journal of Equal Rights & Social Justice
The article examines the protection of pregnant law students under Title IX and highlights significant gaps in compliance and enforcement within law schools. Despite Title IX's prohibition of pregnancy discrimination, the lack of data and inconsistent policies at law schools raise concerns about the adequacy of protections for pregnant students. The analysis advocates for improved data collection, clearer policies, and stronger accountability measures to ensure equitable treatment of pregnant law students.
A Genesis Of Conflict: The Zero-Sum Mindset, Jonathan R. Cohen
A Genesis Of Conflict: The Zero-Sum Mindset, Jonathan R. Cohen
Cardozo Journal of Conflict Resolution
Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the "zero-sum mindset, " can lead to undesirable results, both because it can make disputes harder to resolve and because people holding such beliefs are more likely to get into conflicts to begin with. Over the past several decades, legal educators specializing in dispute resolution have worked hard to challenge that mindset. This task is not simple, for framing conflict in zero-sum terms has very deep cultural roots tracing back at least to the Biblical stories in …
Resolving Multicultural Family Disputes In New York: A Clash Of Courts And Cultures, Alla Roytberg
Resolving Multicultural Family Disputes In New York: A Clash Of Courts And Cultures, Alla Roytberg
Cardozo Journal of Conflict Resolution
In this Article, I will discuss my experiences with litigated cases involving multi-cultural families. I will then analyze how issues of cultural sensitivity can be addressed and honored during a mediation between the parties, with the help of an experienced, culturally sensitive mediator.
Time To Pay College Athletes? Why The O'Bannon Decision Makes Pay-For-Play Ripe For Mediation, Andrew Steckler
Time To Pay College Athletes? Why The O'Bannon Decision Makes Pay-For-Play Ripe For Mediation, Andrew Steckler
Cardozo Journal of Conflict Resolution
Between the mounting pressure of public opinion, and continuing litigation in which various plaintiffs are seeking to take advantage of the player-friendly language in O'Bannon, the power dynamic in college athletics is shifting back towards the players. The previously uneven playing field is leveling. This Note examines how to inject mediation into the "pay-for-play" debate to better serve the interests of the NCAA, the major conferences (Big 10, SEC, ACC, Big 12, and Pac-12), and the student-athletes in the wake of O'Bannon. While litigation was necessary to start the process, ultimately, it will be up to the NCAA …
"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah
"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah
Cardozo Journal of Equal Rights & Social Justice
The note argues that public school dress codes perpetuate rape culture by disproportionately targeting female students, reinforcing patriarchal norms, and contributing to gender-based discrimination. These dress codes, often justified as preventing distractions, instead shame girls and place the responsibility of boys' behavior on them, thereby normalizing the objectification of women and supporting systemic sexism.
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Cardozo Journal of Equal Rights & Social Justice
The note critiques zero tolerance policies in schools, arguing that they disproportionately harm bullied adolescents by failing to consider their circumstances, leading to unjust disciplinary actions and discouraging victims from seeking help. It advocates for legislative reforms, particularly in New York, to include self-defense as a mitigating factor in disciplinary decisions.
Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement
Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Keeping Our Kids In School And Out Of Court: Rooting Out School Suspension Hearings And A New Alternative, Rachel Klein
Keeping Our Kids In School And Out Of Court: Rooting Out School Suspension Hearings And A New Alternative, Rachel Klein
Cardozo Journal of Conflict Resolution
This Note proposes an alternative model that can help a child improve his behavior in school, without removing the student from class. Section I of this Note examines the historical and legal context governing school suspension as a whole, specifically making reference to and analyzing New York State school suspension practices. Section II analyzes the effectiveness of school suspension and the methods used in New York to fix this system. In Section III, this Note proposes the use of arbitration as a superior mode of resolution and explains why Board of Education Arbitration is an effective model that helps students …
Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden
Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden
Cardozo Journal of Equal Rights & Social Justice
The note critiques the current interpretation and application of Title IX in college athletics, particularly the Three-Part Test used by the Office for Civil Rights (OCR). It argues that the test's focus on proportionality often leads universities to cut men's sports to achieve gender balance, which undermines the broader goal of gender equality. The author proposes a more nuanced approach, advocating for sport-specific evaluations and the elimination of the Contact Sports Exception to better align Title IX compliance with its intended purpose of preventing discrimination.
Title Ix Giveth And The Religious Exemption Taketh Away: How The Religious Exemption Eviscerates The Protection Afforded Transgender Students Under Title Ix, Amanda Bryk
Cardozo Law Review
No abstract provided.
Bills, Bills, Bills: The Effect Of A Rejected Settlement On Attorney's Fees Under The Civil Rights Attorney's Fees Award Act Of 1976, Melissa Ibrahim
Bills, Bills, Bills: The Effect Of A Rejected Settlement On Attorney's Fees Under The Civil Rights Attorney's Fees Award Act Of 1976, Melissa Ibrahim
Cardozo Law Review
No abstract provided.
Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas
Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas
Cardozo Journal of International and Comparative Law
The note argues that the Palestinian Authority's curriculum, used in UNRWA schools, violates the Convention on the Rights of the Child (CRC) by promoting a culture of violence, martyrdom, and jihad, rather than fostering respect for human rights, peace, and tolerance. It contends that donor countries, particularly the U.S. and E.U., bear responsibility for these violations due to their significant funding of UNRWA and the extraterritorial obligations under the CRC. The note proposes conditioning future funding on the adoption of a neutral education system to ensure compliance with the CRC.
"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal
"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Why Collegiate Athletes Could Have The Ncaa, Et Al. Singing A Different Tune, Amber Jorgensen
Why Collegiate Athletes Could Have The Ncaa, Et Al. Singing A Different Tune, Amber Jorgensen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"Playoffs?! Are You Kidding Me, Playoffs?": An Antitrust Analysis Of College Football's New Playoff Format, Brandon C. Miller
"Playoffs?! Are You Kidding Me, Playoffs?": An Antitrust Analysis Of College Football's New Playoff Format, Brandon C. Miller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling
To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
A Tribute To Eva Hanks, Matthew Diller
Institutional Sexual Assault And The Rights/Trust Dilemma, Francine Banner
Institutional Sexual Assault And The Rights/Trust Dilemma, Francine Banner
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
The International Legal Status Of International Non-Governmental Organizations: The Century-Long Normative Debate And Its Future Prospects, Rephael Ben-Ari
The International Legal Status Of International Non-Governmental Organizations: The Century-Long Normative Debate And Its Future Prospects, Rephael Ben-Ari
Cardozo Journal of International and Comparative Law
The legal status of international non-governmental organizations (INGOs) remains unresolved despite their growing influence in global politics. Over the past century, various proposals and frameworks have attempted to define INGOs' legal personality and legitimacy, but these efforts have been criticized for being either overly simplistic or politically unattainable. The article argues that while INGOs wield significant power and legitimacy through lobbying, public mobilization, and operational activities, their lack of formal international legal personality leaves their position ambiguous. The analysis highlights the need for a systematic evaluation of past efforts to inform future attempts at establishing a coherent legal framework for …
Non-Dischargeability Of Mixed Student Debt, Jordan Weiss
Non-Dischargeability Of Mixed Student Debt, Jordan Weiss
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
"Over-Accommodation" In Higher Education: An Ada Sanctioned Injustice Exposed, Elliot Hamlet
"Over-Accommodation" In Higher Education: An Ada Sanctioned Injustice Exposed, Elliot Hamlet
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.