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2003

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Articles 1 - 30 of 94

Full-Text Articles in Education Law

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill Dec 2003

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill

All-Inclusive List of Electronic Theses and Dissertations

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in …


Education Law, Jerry A. Lumley Dec 2003

Education Law, Jerry A. Lumley

Mercer Law Review

While the 2003 session of the Georgia General Assembly did not produce as much legislation in the area of school law as in years past, significant school legislation was signed into law by Governor Perdue in 2003. Additionally, Georgia's appellate courts issued several important decisions in this area. This Article discusses the significant legislation passed and major appellate decisions issued during the survey period.


Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury Dec 2003

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.


Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison Nov 2003

Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison

BYU Law Review

No abstract provided.


Affirmative Action In Higher Education: Bakke Has Been Affirmed, Roy Carleton Howell Oct 2003

Affirmative Action In Higher Education: Bakke Has Been Affirmed, Roy Carleton Howell

North Carolina Central Law Review

No abstract provided.


Constitutional Law—Education And Equal Protection—Towards Intelligence And Virtue: Arkansas Embarks On A Court-Mandated Search For An Adequate And Equitable School Funding System. Lake View School District No. 25 V. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002)., Brian E. Carter Oct 2003

Constitutional Law—Education And Equal Protection—Towards Intelligence And Virtue: Arkansas Embarks On A Court-Mandated Search For An Adequate And Equitable School Funding System. Lake View School District No. 25 V. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002)., Brian E. Carter

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird Oct 2003

Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird

University of Arkansas at Little Rock Law Review

No abstract provided.


Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman Oct 2003

Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman

Vanderbilt Law Review

People outside the medical profession have likely heard of the long hours that doctors keep, but are probably unaware of the low salaries and nonnegotiable contracts that medical school graduates must accept upon entering a residency program. In fact, young doctors are among the few professionals who do not find postgraduate employment in the open job market. Currently, fourth-year medical students seeking postgraduate residency training participate in a process that matches them to a single residency program. This match dictates where the new doctor will spend the next three to seven years of her career. Upon receiving a match, the …


Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres Oct 2003

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.


An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.


The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt Sep 2003

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.


Academics, Public Employee Speech, And The Public University, Jennifer Elrod Sep 2003

Academics, Public Employee Speech, And The Public University, Jennifer Elrod

Buffalo Public Interest Law Journal

No abstract provided.


The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree Aug 2003

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …


Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green May 2003

Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green

Washington Law Review

In Davey v. Locke, a panel of the United States Court of Appeals for the Ninth Circuit ruled that Washington violated the Free Exercise Clause by refusing to allow a scholarship recipient to use state funds to pursue a theology degree. The court held that the state's scholarship requirements facially discriminated against religion, and that the state's interest in not violating its constitution did not serve as a compelling reason for the discrimination. In so holding, the Davey court ignored Ninth Circuit precedent and embraced a theory of the Religion Clauses at odds with United States Supreme Court jurisprudence. …


The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt May 2003

The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt

Cardozo Law Review

No abstract provided.


Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler Apr 2003

Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler

Vanderbilt Law Review

The controversy over teaching evolution in public schools is once again hot news. Ever since the Supreme Court decided in 1987 that Louisiana could not constitutionally require teachers to give equal time to teaching creation science and evolution, critics of evolution have adopted a variety of new strategies to change the way in which public schools present the subject to their students. These strategies have included teaching evolution as a "theory" rather than as a fact, disclaiming the truth of evolutionary theory, teaching arguments against evolution, teaching the allegedly nontheistic theory of intelligent design instead of creationism, removing evolution from …


Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam Apr 2003

Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam

Vanderbilt Law Review

The proper role of religion in public schools has been a topic of bitter debate for many years. While one group of individuals believes that there should be a complete separation of church and state, another group believes that religion should have an integral place in public education. Although both groups have looked to the circumstances surrounding the enactment of the First Amendment to support their respective positions, each has been unable to find clear, definitive support regarding the appropriate relationship between religion and public schools, as there was no public education system at that time. One major issue that …


Loose Lips Won't Sink Ships: Federal Education Rights To Privacy Act After Gonzaga V. Doe, D. Martin Warf Apr 2003

Loose Lips Won't Sink Ships: Federal Education Rights To Privacy Act After Gonzaga V. Doe, D. Martin Warf

Campbell Law Review

No abstract provided.


The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas Apr 2003

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Faculty Publications

No abstract provided.


One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen Apr 2003

One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. 10 In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, 11 with the chances of being killed in school far less than being struck by lighting. 12 The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged 13), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, 14 and partly because in our hardheaded times …


Millennium Showdown For Public Interest Law And Non-White Access To Public Higher Education: Wolves Circling At The Henhouse Door, Stephanie Y. Brown Mar 2003

Millennium Showdown For Public Interest Law And Non-White Access To Public Higher Education: Wolves Circling At The Henhouse Door, Stephanie Y. Brown

University of the District of Columbia Law Review

Institutions of higher education are uniquely positioned to influence the tone and character of justice available in the society. As centers of information and acculturation, colleges, universities, and professional schools determine the next generation of legal innovators and how they will be trained. In an era when aggressive opponents of racial equality indulged by a conservative court impede the gradual progress made possible through affirmative action programs, I believe that legal educators share considerable responsibility for the chronic deficiency of equal access to education plaguing racial minorities in this country. Intoxicated by the rhetoric of public interest and ritualistic tilting …


Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb Mar 2003

Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb

Brigham Young University Education and Law Journal

No abstract provided.


Buckhannon, Special Education Disputes, And Attorneys' Fees: Time For A Congressional Response Again, Stefan R. Hanson Mar 2003

Buckhannon, Special Education Disputes, And Attorneys' Fees: Time For A Congressional Response Again, Stefan R. Hanson

Brigham Young University Education and Law Journal

No abstract provided.


Statutes And Standards: Has The Door To Educational Malpractive Been Opened?, Todd A. Demitchell, Terri A. Demitchell Mar 2003

Statutes And Standards: Has The Door To Educational Malpractive Been Opened?, Todd A. Demitchell, Terri A. Demitchell

Brigham Young University Education and Law Journal

No abstract provided.


High Stakes Testing Law And Litigation, Paul T. O'Neill Mar 2003

High Stakes Testing Law And Litigation, Paul T. O'Neill

Brigham Young University Education and Law Journal

No abstract provided.


Education Funding And The Alabama Example: Another Player On A Crowded Field, John Herbert Roth Mar 2003

Education Funding And The Alabama Example: Another Player On A Crowded Field, John Herbert Roth

Brigham Young University Education and Law Journal

No abstract provided.


Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart Mar 2003

Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart

Brigham Young University Education and Law Journal

No abstract provided.


Random Drug Testing For Extracurricular Activites: Has The Supreme Court Opened Pandora's Box For Public Schools?, Ralph D. Mawdsley Mar 2003

Random Drug Testing For Extracurricular Activites: Has The Supreme Court Opened Pandora's Box For Public Schools?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


State Regulation Of Nonpublic Schools: Does The Tie Still Bind?, Eric A. Degroff Mar 2003

State Regulation Of Nonpublic Schools: Does The Tie Still Bind?, Eric A. Degroff

Brigham Young University Education and Law Journal

No abstract provided.


Threats Made, Threats Posed School And Judicial Analysis In Need Of Redirection, Sarah E. Redfield Mar 2003

Threats Made, Threats Posed School And Judicial Analysis In Need Of Redirection, Sarah E. Redfield

Brigham Young University Education and Law Journal

No abstract provided.