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Education Law Commons™

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2006

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Institution
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Articles 121 - 150 of 188

Full-Text Articles in Education Law

Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz Jan 2006

Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz

UIC Law Review

No abstract provided.


The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield Jan 2006

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article provides an overview of the Federal Courts’ interpretation of equal protection challenges to affirmative action admission policies beginning with University of California v. Bakke through the recent Supreme Court decisions of Grutter v. Bollinger and Gratz v. Bollinger. The article then identifies and outlines the appropriate elements of a constitutionally sound affirmative action admission policy. Finally, the article concludes that the permissible policy is almost unattainable for schools other than small institutions.


Table Of Contents Jan 2006

Table Of Contents

The Journal of Law and Education

No abstract provided.


Highly Qualified Special Educators And The Provision Of A Free Appropriate Public Education To Students With Disabilities, J. Matt Jameson, Dixie S. Huefner Jan 2006

Highly Qualified Special Educators And The Provision Of A Free Appropriate Public Education To Students With Disabilities, J. Matt Jameson, Dixie S. Huefner

The Journal of Law and Education

No abstract provided.


Toying With God, Perry A. Zirkel Jan 2006

Toying With God, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Using The Law Library: A Guide For Educators Part Vi: Working With Judicial Opinions And Other Primary Sources, William A. Hilyerd Jan 2006

Using The Law Library: A Guide For Educators Part Vi: Working With Judicial Opinions And Other Primary Sources, William A. Hilyerd

The Journal of Law and Education

No abstract provided.


Supreme Court Decisions Jan 2006

Supreme Court Decisions

The Journal of Law and Education

No abstract provided.


Primary And Secondary Education Jan 2006

Primary And Secondary Education

The Journal of Law and Education

No abstract provided.


Law Review Digests Jan 2006

Law Review Digests

The Journal of Law and Education

No abstract provided.


A Student-Centered Balancing Test: When Strip Searches Cross The Constitutional Line, Maria Altmann Jan 2006

A Student-Centered Balancing Test: When Strip Searches Cross The Constitutional Line, Maria Altmann

The Journal of Law and Education

No abstract provided.


Why It Mattered To Dover That Intelligent Design Isn’T Science, Richard B. Katskee Jan 2006

Why It Mattered To Dover That Intelligent Design Isn’T Science, Richard B. Katskee

Faculty Scholarship

No abstract provided.


Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz Jan 2006

Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz

UIC Law Review

No abstract provided.


Constitutional Issues When Testing Students For Drug Use, A Special Exception, And Telltale Metaphors, Ronald T. Hyman Jan 2006

Constitutional Issues When Testing Students For Drug Use, A Special Exception, And Telltale Metaphors, Ronald T. Hyman

The Journal of Law and Education

No abstract provided.


A Response To David Toy: It's Under God, For God's Sake, Michael Newdow Jan 2006

A Response To David Toy: It's Under God, For God's Sake, Michael Newdow

The Journal of Law and Education

No abstract provided.


Universities And Other Institutional Of Higher Learning Jan 2006

Universities And Other Institutional Of Higher Learning

The Journal of Law and Education

No abstract provided.


Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen Jan 2006

Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen

Journal Articles

This essay analogizes the process of finding a law faculty position to internet dating. Along the way it provides insights into the law faculty hiring process. These insights are based on over a decade of attendance at the "meat market" in various capacities, speaking with hundreds of interviewers and mentoring hundreds of candidates.


The Intergration Myth: America's Failure To Produce Equal Education Outcomes, Samuel E. Brown Jan 2006

The Intergration Myth: America's Failure To Produce Equal Education Outcomes, Samuel E. Brown

The Modern American

No abstract provided.


Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams Jan 2006

Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams

Michigan Journal of Race and Law

This Article analyzes Virginia's effort to remedy massive resistance and posits that, under reparations theory, a broader remedy is necessary to redress the scope of the state's wrongdoing. To do this, Part I briefly examines reparations theory, which provides the tools to identify the proper scope of the injury to be addressed, and, in turn, informs the proper choice of remedy. With this background, Part II discusses the Brown Fund Act and the massive resistance it seeks to remedy. In this connection, the Article demonstrates that the school shutdowns were part of a statewide decision to defy Brown and maintain …


Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught In The Crossfire, William C. Kidder Jan 2006

Negative Action Versus Affirmative Action: Asian Pacific Americans Are Still Caught In The Crossfire, William C. Kidder

Michigan Journal of Race and Law

The author concludes that Espenshade and Chung's inattention to the distinction between negative action and affirmative action effectively marginalizes APAs and contributes to a skewed and divisive public discourse about affirmative action, one in which APAs are falsely portrayed as conspicuous adversaries of diversity in higher education. The author will also argue that there is ample reason to be concerned about the harmful effects of divisive and empirically unsupported claims about APAs influencing the public debate over affirmative action, particularly in Michigan, where an anti-affirmative action initiative nearly identical to California's Proposition 209 will appear on the November 2006 ballot. …


A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill Jan 2006

A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill

Michigan Journal of Race and Law

This Article combines analysis of case law at state and federal levels as well as federal educational policy in an effort to formulate a framework for addressing educational inequalities, of which the achievement gap is only one result. As individual rights concepts control the discourse of equal educational opportunity, community injury continues to be ignored. Because educational policy aimed at ending educational inequities is governed by equal protection analysis and guided by court decisions, limitations in legal opinions drive such policies. The lack of attention to community harm in law and educational policy limits the ability of education legal reforms …


In Memoriam: Professor Edward J. Gac, Norton L. Steuben, Michael J. Waggoner, Wayne M. Gazur, Susan Morley, John T. (Jay) Ballantine Jan 2006

In Memoriam: Professor Edward J. Gac, Norton L. Steuben, Michael J. Waggoner, Wayne M. Gazur, Susan Morley, John T. (Jay) Ballantine

University of Colorado Law Review

No abstract provided.


Academic Freedom, Larry Alexander Jan 2006

Academic Freedom, Larry Alexander

University of Colorado Law Review

No abstract provided.


The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe Jan 2006

The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe

UF Law Faculty Publications

The experimental use exception is a common law exception to the patent-holder's exclusive right of use. It permits the use of another's patented device when such use is for philosophical inquiry, curiosity, or amusement. It has recently come under attack by many who consider it too narrow. They fear that the courts' "narrowing" of the experimental use exception will stifle research and innovation. Much of the discontent with the doctrine has been spurred by a relatively recent Federal Circuit opinion, Madey v. Duke University, which makes clear that a research university does not receive immunity under the experimental use …


How The Xechem Decision May Insulate State Universities From Correction Of Inventorship Suits, Stacey Drews Jan 2006

How The Xechem Decision May Insulate State Universities From Correction Of Inventorship Suits, Stacey Drews

Indiana Law Journal

No abstract provided.


The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown Jan 2006

The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown

Articles by Maurer Faculty

The expansion of school choice in elementary and secondary education, particularly in urban areas, is one of largest current educational reform movements sweeping the nation. This is true despite the fact that it is still too early for a consensus to develop about the educational benefits of increased choice. 1 Society always precedes schooling. Thus, major educational reforms pass in and out of favor depending on social conditions and how prevailing patterns of understanding interpret those conditions.2 Among the most significant social developments influencing educational reforms are legal decisions. Since the Supreme Court is the final authority on constitutional law, …


Academic Misconduct, Athletics Academic Support Services, And The Ncaa, Josephine R. Potuto Jan 2006

Academic Misconduct, Athletics Academic Support Services, And The Ncaa, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.


Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez Jan 2006

Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Improving Educational Outcomes For Children In Foster Care: Reading The Mckinney-Vento Act's "Awaiting Foster Care Placement" Provision To Include Children In Interim Foster Care Placements, Sarah Hudson-Plush Jan 2006

Improving Educational Outcomes For Children In Foster Care: Reading The Mckinney-Vento Act's "Awaiting Foster Care Placement" Provision To Include Children In Interim Foster Care Placements, Sarah Hudson-Plush

Cardozo Journal of Equal Rights & Social Justice

The note argues that the term "awaiting foster care placement" under the McKinney-Vento Homeless Assistance Act should be defined to include children in interim foster care placements to ensure educational stability and access to necessary protections.


Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal Jan 2006

Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal

Cardozo Journal of Equal Rights & Social Justice

The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.


The Individuals With Disabilities Education Improvement Act: Changing What Constitutes An Appropriate Education, Andrea Valentino Jan 2006

The Individuals With Disabilities Education Improvement Act: Changing What Constitutes An Appropriate Education, Andrea Valentino

Journal of Law and Health

Christopher, diagnosed at six years old with Asperger's Syndrome, is a child with a disability. Upon his diagnosis, Christopher's public school developed his Individualized Education Program (IEP) to serve Christopher's educational needs; however, his needs went unmet. Throughout Christopher's four years at his public school, his parents repeatedly met with school officials about the appropriateness of services being offered to Christopher as his IEP did not account for the individualized class support Christopher required. Despite consistent and dedicated efforts by his parents, school officials continually informed them there was nothing more the school or teachers could do. Unwilling to risk …