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Articles 1 - 30 of 64
Full-Text Articles in Education Law
Consent Absent Consensus: A Principles-Based Framework For Institutional Sexual Consent Policies, Tammi Walker
Consent Absent Consensus: A Principles-Based Framework For Institutional Sexual Consent Policies, Tammi Walker
West Virginia Law Review
Title IX requires educational institutions to address sexual misconduct but provides no clear standard for defining consent. In the absence of federal guidance, colleges and universities operate in a regulatory vacuum, producing inconsistent definitions, legal uncertainty, and contested understandings of what consent requires. Without a structured framework, institutions struggle to balance survivor protection, due process, and practical implementation. This Article introduces a principles-based framework that supports clearer, more coherent consent policies. It identifies three interdependent elements of valid sexual consent: (1) Respect for Choices and Autonomy, which requires voluntary agreement free from coercion or pressure; (2) Informed Expectations and Transparency, …
Foreshadowing The "Stop Campus Hazing Act": Education, Prevention, And University Liability, Gregory S. Parks, Victoria Surati
Foreshadowing The "Stop Campus Hazing Act": Education, Prevention, And University Liability, Gregory S. Parks, Victoria Surati
West Virginia Law Review
On December 23, 2024, President Joseph R. Biden signed into law the Stop Campus Hazing Act (the “SCHA”). The SCHA amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092(f), a subsection of the Higher Education Act of 1965 (the “Clery Act”). The SCHA defines “hazing” and “student organization,” expands the current Annual Security Reporting requirements, calls for a new form of reporting, and requires policies relating to hazing. It also requires each covered institution of higher education to publish a policy statement regarding hazing awareness and prevention programs that includes a …
Reconciling Tenure And Faculty Accountability, Stuart Chinn
Reconciling Tenure And Faculty Accountability, Stuart Chinn
West Virginia Law Review
Part of the very identity of the American university is its insulation from society—a crucial contributor, at least in some instances, toward facilitating the search for knowledge and the disruption of established orthodoxies. Yet American higher education does not exist and cannot function separately from societal pressures. This is most obviously true in the context of public institutions that directly rely on state governmental entities for financial support and that may be subject to some mechanisms of control by governmental actors or their appointees. But it is also obviously true in the context of private institutions that may rely on …
Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley
Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley
West Virginia Law Review
No abstract provided.
Covid, Contracts, And Colleges, John K. Setear
Covid, Contracts, And Colleges, John K. Setear
West Virginia Law Review
No abstract provided.
In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble
In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble
West Virginia Law Review
Public school advocates in West Virginia have long voiced sharp criticism over the state's funding of education-and justifiably so. Although more than one in four West Virginia children live in poverty, the state's school funding formula does not account for the increased costs associated with educating low-socioeconomic status ("SES") students. As a result, low-SES students are not receiving a constitutionally adequate and equitable education, by the state's own standards.
Now, in the wake of COVID-19, with mounting costs and challenges, allegations of "inadequacy" and "inequity" abound. Ifpast is prologue, districts that serve high concentrations of low-SES students will be the …
"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich
"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich
West Virginia Law Review
No abstract provided.
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale
West Virginia Law Review
No abstract provided.
A Legal Mandate That Authorizers Consider Fiscal And Other Impacts Of Charter School Expansion, Susan L. Dejarnatt
A Legal Mandate That Authorizers Consider Fiscal And Other Impacts Of Charter School Expansion, Susan L. Dejarnatt
West Virginia Law Review
No abstract provided.
Foreword: Pauley - And "The Recht Decision" - At Forty, John E. Taylor
Foreword: Pauley - And "The Recht Decision" - At Forty, John E. Taylor
West Virginia Law Review
No abstract provided.
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
West Virginia Law Review
No abstract provided.
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
West Virginia Law Review
No abstract provided.
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson
West Virginia Law Review
No abstract provided.
Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik
Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik
West Virginia Law Review
No abstract provided.
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
West Virginia Law Review
No abstract provided.
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
West Virginia Law Review
No abstract provided.
"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith
West Virginia Law Review
No abstract provided.
Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem
Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem
West Virginia Law Review
No abstract provided.
Citizens Without Statehood: Denying Domicile To Fund Public Higher Education, Michael Llewellyn
Citizens Without Statehood: Denying Domicile To Fund Public Higher Education, Michael Llewellyn
West Virginia Law Review
No abstract provided.
A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart
A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart
West Virginia Law Review
No abstract provided.
Being Choosy: An Analysis Of Public School Choice Under No Child Left Behind, Abigail Aikens
Being Choosy: An Analysis Of Public School Choice Under No Child Left Behind, Abigail Aikens
West Virginia Law Review
No abstract provided.
Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner
Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner
West Virginia Law Review
No abstract provided.
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
West Virginia Law Review
No abstract provided.
Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"
West Virginia Law Review
No abstract provided.
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
West Virginia Law Review
No abstract provided.
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
West Virginia Law Review
No abstract provided.
An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy
An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy
West Virginia Law Review
No abstract provided.
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
West Virginia Law Review
No abstract provided.
Drug Testing College Athletes: Ncaa Does Thy Cup Runneth Over, Stephen F. Brock, Kevin M. Mckenna, Rhett Traband
Drug Testing College Athletes: Ncaa Does Thy Cup Runneth Over, Stephen F. Brock, Kevin M. Mckenna, Rhett Traband
West Virginia Law Review
No abstract provided.
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
West Virginia Law Review
No abstract provided.