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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
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
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.
Highly Qualified Special Educators And The Provision Of A Free Appropriate Public Education To Students With Disabilities, J. Matt Jameson, Dixie S. Huefner
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
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
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.
Primary And Secondary Education
Primary And Secondary Education
The Journal of Law and Education
No abstract provided.
A Student-Centered Balancing Test: When Strip Searches Cross The Constitutional Line, Maria Altmann
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …