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Articles 1 - 30 of 51
Full-Text Articles in Education Law
Evolving Legal Issues In Higher Education: Introduction To The Higher Education And The Law Symposium, Patricia E. Salkin
Evolving Legal Issues In Higher Education: Introduction To The Higher Education And The Law Symposium, Patricia E. Salkin
Touro Law Review
The Touro Law Review could not have selected a better time to highlight many of the evolving legal issues in higher education. It can be both an exciting time to practice law in this space and one that challenges the creative problem-solving skills of lawyers and their clients. This issue of the Law Review highlights a number of key developments and trends.
Loper Bright Enterprises V. Raimondo And The Prospect Of “Management By Judiciary”, Rodger D. Citron
Loper Bright Enterprises V. Raimondo And The Prospect Of “Management By Judiciary”, Rodger D. Citron
Touro Law Review
In January 2025, Touro University, Touro Law Center, and Touro Law Review held a wide-ranging conference on higher education in the 21st century. The timing could not have been more apt. We were days away from the inauguration of Donald Trump’s second term as President. The ferment in higher education would continue, only more so. In addition, in its 2023-24 term, the Supreme Court had decided a number of important administrative law cases, none more significant than Loper Bright Enterprises v. Raimondo (“Loper Bright”).1 Although I did not speak at the panel session on “The Changing Regulatory Landscape in Higher …
Anatomy Of A Successful College Closure, Kevin P. Mcdonough
Anatomy Of A Successful College Closure, Kevin P. Mcdonough
Touro Law Review
Alarming forecasts of mass closures of colleges and universities in the United States have been part of the higher education landscape for many years now. Unfortunately, such prognosticators have been proven largely correct as college closures have been occurring with increasing regularity. The closure process has been carried out with varying degrees of success. At one end of the spectrum lies the poorly planned, precipitous closure, which often garners the most attention because of its devastating impact on students and their families. This Article examines certain actions and strategies that the leadership of a college compelled to cease operations can …
Unprecedented Leadership For Unprecedented Times: The Ethical Imperative For Transformational Change In American Higher Education, Andrés Acebo
Touro Law Review
Many eras quietly yield to another while its institutions continue speaking the language of a world that no longer exists. Such moments expose the widening distance between inherited assumptions and emerging realities, between institutional memory and societal need, between what once served the public well and what the future now requires. American higher education has arrived at such a moment. For more than a decade, its challenges have been described through the language of crisis. The prevailing literature has documented enrollment decline, demographic transformation, fiscal instability, technological disruption, political polarization, declining public confidence, and institutional fragility with increasing sophistication. Yet …
The Role Of Legal Uncertainty, Risk, Institutional Size, And Mission In Presidential Selection: Is The Trend To Lawyer-Presidents An Unmitigated Good?, Nora V. Demleitner
The Role Of Legal Uncertainty, Risk, Institutional Size, And Mission In Presidential Selection: Is The Trend To Lawyer-Presidents An Unmitigated Good?, Nora V. Demleitner
Touro Law Review
This Article builds on Patricia Salkin’s May It Please the Campus which documents the extent to which legally trained persons have led U.S. institutions of higher education since colonial times. It explains the perennial attraction of lawyer-presidents despite substantial changes in legal training, in the professional formation of attorneys, and the transformation of higher education, especially with the rise of the modern research university, governmental investment, and heightened regulation of colleges and universities. Governing boards are increasingly attracted to the skills ascribed to lawyers and their personal characteristics, including the common law appreciation for slow change. This Article highlights how …
Who’S In Charge Here?: Collegiate Athletics After The House Settlement, Pamela Ko
Who’S In Charge Here?: Collegiate Athletics After The House Settlement, Pamela Ko
Touro Law Review
The House v. NCAA settlement, which was approved in June 2025, paved the way for groundbreaking changes to the National Collegiate Athletic Association (NCAA) and the implementation of its rules and regulations related to athlete rights, including transformative levels and types of student-athlete compensation that have never been permitted in the history of college sports. These changes fundamentally altered the relationship between many Division I student-athletes, educational institutions, athletic conferences, and the NCAA. This Article will discuss both the short and long-term impacts of the House settlement while analyzing both the continuing role of the NCAA and the role of …
Higher Education’S Legal Reckoning: The Institutional Lawyer—More Than A Trend, Jenean Taranto
Higher Education’S Legal Reckoning: The Institutional Lawyer—More Than A Trend, Jenean Taranto
Touro Law Review
Higher education institutions (IHEs) operate in an increasingly complex legal and regulatory environment that has transformed institutional governance, administration, and leadership. Since the enactment of the Higher Education Act of 1965, colleges and universities have experienced growing federal, state, and quasi-regulatory oversight, a phenomenon commonly described as the “lawyerization” of higher education. This process has resulted in expanded compliance obligations, increased litigation risks, and greater reliance on legal expertise within institutional operations. Recent federal actions following the inauguration of President Donald Trump in January 2025— including executive orders, agency guidance, policy memoranda, and related litigation—have intensified regulatory uncertainty and further …
Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards
Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards
Touro Law Review
Correctional facilities across the country are consistently failing to provide adequate special education to disabled children who are placed in solitary confinement due to inadequate funding, untrained staff, and lack of consensus on how to implement a program. This Note compares the special education services that disabled children are entitled to under the Free Appropriate Public Education (“FAPE”) statute with the education they receive during incarceration. This Note also discusses suggestions for implementing meaningful special education when a child is isolated. When disabled children are placed in solitary confinement and deprived of education tailored to their specific needs and abilities, …
Private Religious Schools And Disability Discrimination, Kevin Timpe
Private Religious Schools And Disability Discrimination, Kevin Timpe
Touro Law Review
In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases …
The Legacy Of Brown V. Board Of Education: Achieving Student Body Diversity In All Levels Of Education, Nancy L. Zisk
The Legacy Of Brown V. Board Of Education: Achieving Student Body Diversity In All Levels Of Education, Nancy L. Zisk
Touro Law Review
This Article addresses the legal standard by which school admissions programs may be judged and validated as school districts struggle to achieve student body diversity. As the Supreme Court recognized in its seminal decision, Brown v. Board of Education, education “is the very foundation of good citizenship.” Twenty years after that case was decided, Thurgood Marshall, who had argued that separate was not equal in the Brown case, observed as a Justice of the Court that “unless our children begin to learn together, there is little hope that our people will ever learn to live together.” Because achieving student body …
There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler
There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler
Touro Law Review
The transgender athlete is a relatively new concept challenging the norm of gender division in sports. Multiple states across the United States have yet to update their policies to include the transgender athlete in interscholastic athletics. State policies that do include transgender student athletes are currently being challenged on the grounds that they violate Title IX of the Educational Amendments to the 1964 Civil Rights Act. This review considers the different state policies dictating the inclusion of transgender student athletes in school sports. After evaluating the impact of omitting transgender students from participating on sports teams, this review maintains that …
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
Touro Law Review
A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Endrew F. Clairvoyance, Mark C. Weber
Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Touro Law Review
No abstract provided.
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Touro Law Review
No abstract provided.
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Touro Law Review
No abstract provided.
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Touro Law Review
No abstract provided.
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
Touro Law Review
No abstract provided.
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Touro Law Review
No abstract provided.
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Touro Law Review
No abstract provided.
Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano
Touro Law Review
No abstract provided.
Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss
Touro Law Review
No abstract provided.
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
Touro Law Review
No abstract provided.
Students Fall Victim To Hazing Epidemic: Unity At What Cost?, Helene Bruckner
Students Fall Victim To Hazing Epidemic: Unity At What Cost?, Helene Bruckner
Touro Law Review
No abstract provided.
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Touro Law Review
No abstract provided.
Matter Of Kevin M., Donna A. Napolitano
What Are We Making A Federal Case Of? An Interdisciplinary Analysis Of Education And The Right To Privacy In The Classroom, Ronnie Jane Lamm
What Are We Making A Federal Case Of? An Interdisciplinary Analysis Of Education And The Right To Privacy In The Classroom, Ronnie Jane Lamm
Touro Law Review
No abstract provided.