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Articles 91 - 120 of 187
Full-Text Articles in Education Law
Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey
Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey
Brigham Young University Education and Law Journal
No abstract provided.
Limited English Proficiency Students Left Behind, Kristen L. Depowski
Limited English Proficiency Students Left Behind, Kristen L. Depowski
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Making Good On The Promise Of International Law: The Convention On The Rights Of Persons With Disabilities And Inclusive Education In China And India, Vanessa Torres Hernandez
Making Good On The Promise Of International Law: The Convention On The Rights Of Persons With Disabilities And Inclusive Education In China And India, Vanessa Torres Hernandez
Washington International Law Journal
The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requires state parties to provide an inclusive education to all children with disabilities. However, China and India, the two most populous signatory countries, do not currently provide inclusive education—described by the Convention as nondiscriminatory access to general education, reasonable accommodation of disability, and individualized supports designed to fulfill the potential of individual children with disabilities. Though both India and China have laws that encourage the education of children with disabilities, neither country’s laws mandate inclusive education and neither country currently provides universal education …
"Appropriate Action," Inappropriately Defined: Amending The Equal Educational Opportunities Act Of 1974, Jessica R. Berenyi
"Appropriate Action," Inappropriately Defined: Amending The Equal Educational Opportunities Act Of 1974, Jessica R. Berenyi
Washington and Lee Law Review
No abstract provided.
Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart
Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart
Law Faculty Publications
The recent Supreme Court case of Garcetti v. Ceballos is becoming one of the most-used cases in its mere two-year history. It denies to public employees the protection of the First Amendment when speaking in their official duties. In reviewing the cases both leading up to and then relying oh Garcetti, one is struck by the inherent conflict that nowpermeates some school board-employee relationships. Whereas preceding cases attempted to reach a balance between the school board and its employees' speech rights, bad management practices now seem to trump the First Amendment. Such practices have school boards discharging teachers and …
Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie
Suicide On Campus: The Appropriate Legal Responsibility Of College Personnel, Ann Maclean Massie
Scholarly Articles
No abstract provided.
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
Faculty Articles and Other Publications
This article examines how race and educational equity issues shape women's sports experiences.
Combating The Unfair Competitive Edge: Random Drug Testing Should Be Implemented In Standardized Testing To Deter Illicit And Unfair Use Of Prescription Stimulants, Shawn Romer
Journal of Law and Health
This note will first give an overview of prescription stimulants and will then explore the prevalent number of students who illicitly take prescription stimulants to enhance their academic performance. A description of how illicit use can be harmful to a student follows, and thereafter the note describes the scant current safeguards that currently exist against the use of illicit prescription stimulants. An explanation of the importance of standardized test scores to admissions follows, along with a description of how this importance has motivated students to seek an unfair competitive edge through illicit drug usage, which happens in many sporting competitions. …
The Evolution Of Special Education, Kelli J. Esteves, Shaila Rao
The Evolution Of Special Education, Kelli J. Esteves, Shaila Rao
Scholarship and Professional Work – Education
The events that have driven the gradual and progressive evolution of special education serve as a backdrop to understanding the foundation of the field and its ever-changing nature. Knowledge of this history is critical if we intend to make further progress.
Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman
Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman
Richmond Journal of Law and the Public Interest
This article explores why the promise of ending our dual society, as first articulated in Brown v. Board of Education, has not been fulfilled. Specifically this article examines a more recent case, Parents Involved in Community Schools v. Seattle School District No. 1, addressing the lost promise of Brown and the implications for our dual society.
The Mainstreaming Requirement Of The Individuals With Disabilities Education Act In The Context Of Autistic Spectrum Disorders, Conor B. Mcdonough, Ph.D.
The Mainstreaming Requirement Of The Individuals With Disabilities Education Act In The Context Of Autistic Spectrum Disorders, Conor B. Mcdonough, Ph.D.
Fordham Urban Law Journal
Children with autism or one of the related autistic spectrum disorders ("ASD") are eligible for special education under the Individuals with Disabilities Education Act ("IDEA"), which provides, in part, that disabled students must be educated with non-disabled peers as often as possible, a practice referred to as mainstreaming or inclusion. The federal circuit courts apply different tests to evaluate compliance with this mainstreaming requirement, but as argued in this Note, the circuit tests are effectively equivalent with respect to children diagnosed with ASDs. One significant issue in applying each of these tests is that tensions exist between the mainstreaming requirement …
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
The Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines-namely, the Pickering-Connick framework for teachers' classroom speech and …
Taking Stock Of Student Rights Forty Years After Tinker, Stephen Wermiel
Taking Stock Of Student Rights Forty Years After Tinker, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Mary Beth Tinker, Stephen Wermiel
Mary Beth Tinker, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
A Case Of Irony, Ann Hassenpflug
A Case Of Irony, Ann Hassenpflug
The Journal of Law and Education
No abstract provided.
Understanding Plyler's Legacy: Voices From Border Schools, Nina Rabin, Mary Carol Combs, Norma Gonzalez
Understanding Plyler's Legacy: Voices From Border Schools, Nina Rabin, Mary Carol Combs, Norma Gonzalez
The Journal of Law and Education
No abstract provided.
School Vouchers And The Problem Of The Recalcitrant Constitutional Text, Steven G. Gey
School Vouchers And The Problem Of The Recalcitrant Constitutional Text, Steven G. Gey
The Journal of Law and Education
No abstract provided.
Universities & Other Institutions Of Higher Learning
Universities & Other Institutions Of Higher Learning
The Journal of Law and Education
No abstract provided.
Law Review Digests - Primary And Secondary Education
Law Review Digests - Primary And Secondary Education
The Journal of Law and Education
No abstract provided.
Religion In The Valedictory, Caleb Mccain
Religion In The Valedictory, Caleb Mccain
The Journal of Law and Education
No abstract provided.
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Scholarly Articles
The problem of religious learning is that religion-including the teaching about religion-must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insuffi- cient attention has been paid …
"Virtual" Schools: Real Discrimination, Edward Lin
"Virtual" Schools: Real Discrimination, Edward Lin
Seattle University Law Review
Jurisdictions should protect privileged communications that are voluntarily shared between insureds and insurers. They should recognize this protection to prevent unwanted and unintended disclosure to third parties while continuing to encourage honest communication between insurance companies and their insureds. To achieve this result, jurisdictions need to adopt an approach that views the insurance company as the insured's ally, rather than adversary, even when the insured is defending a lawsuit that the insurer might later exclude from coverage. Part II of this Comment describes how and why D&O policies differ from general liability policies, which also involve litigation concerning privileged information. …
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Seattle University Law Review
The full extent of what the Court decided in Grutter and Parents Involved remains in some dispute. What is far more certain is that both cases continue to stir deeply held passions that help frame public and legal debates about the Court and its role in affirmative action and school desegregation disputes. Amid these increasingly raucous debates, this Article expressly side steps the many questions (and controversies) about what the Court decided in those cases and seeks to escape from the frequently politically charged and volatile context of governmental uses of race. This Article instead focuses on how the Court …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …
Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard
Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard
All Faculty Scholarship
Just as the scales beneath the feet of our nation's children are reaching a tipping point, so too is the social movement of providing local, organic foods for America's schoolchildren. This is welcome news to Alice Waters and others who have long-promoted the health and lifestyle benefits of consuming whole, organic, locally grown and produced foods. Change is under way in many districts around the country; one of the most promising is the Berkeley Unified School District (BUSD), which has undergone a complete overhaul of its school lunch program under the leadership of the "Renegade Lunch Lady," Chef Ann Cooper. …
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.