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Articles 91 - 120 of 191
Full-Text Articles in Education Law
Universities & Other Institutions Of Higher Learning
Universities & Other Institutions Of Higher Learning
The Journal of Law and Education
No abstract provided.
Do Higher Education Institutions Have A Misunderstanding Of The Fundamental Research Exemption: How Export Control Regulations Change University Research, William Metcalf
Do Higher Education Institutions Have A Misunderstanding Of The Fundamental Research Exemption: How Export Control Regulations Change University Research, William Metcalf
The Journal of Law and Education
No abstract provided.
U.S. Legal Education Methods And Ideals: Application To The Japanese And Korean Systems, Matthew J. Wilson
U.S. Legal Education Methods And Ideals: Application To The Japanese And Korean Systems, Matthew J. Wilson
Cardozo Journal of International and Comparative Law
The article examines the adoption of American-style legal education in Japan and South Korea, highlighting both the opportunities and challenges these reforms present. While these countries aim to enhance legal professionalism and competency by integrating practical skills and interactive teaching methods, they face significant cultural, structural, and systemic barriers. The analysis underscores the importance of adapting legal education to local contexts while balancing theoretical and practical training to meet global legal demands.
Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson
Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson
Brigham Young University Education and Law Journal
No abstract provided.
The State Constitutionality Of Voucher Programs: Religion Is Not The Sole Determinant, Preston C. Green Iii, Peter L. Moran
The State Constitutionality Of Voucher Programs: Religion Is Not The Sole Determinant, Preston C. Green Iii, Peter L. Moran
Brigham Young University Education and Law Journal
No abstract provided.
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.
Brigham Young University Education and Law Journal
No abstract provided.
Outside The Lines: The Case For Socioeconomic Integration In Urban School Districts, Taryn Williams
Outside The Lines: The Case For Socioeconomic Integration In Urban School Districts, Taryn Williams
Brigham Young University Education and Law Journal
No abstract provided.
In-State Tuition And Illegal Immigrants: An Analysis Of Martinez V. Regents Of The University Of California, Kyle William Colvin
In-State Tuition And Illegal Immigrants: An Analysis Of Martinez V. Regents Of The University Of California, Kyle William Colvin
Brigham Young University Education and Law Journal
No abstract provided.
Unchartered Territory: Market Competition's Constitutional Collision With Entrepreneurial Sex-Segregated Charter Schools, David Groshoff
Unchartered Territory: Market Competition's Constitutional Collision With Entrepreneurial Sex-Segregated Charter Schools, David Groshoff
Brigham Young University Education and Law Journal
No abstract provided.
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal
Brigham Young University Education and Law Journal
No abstract provided.
Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino
Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino
Brigham Young University Education and Law Journal
No abstract provided.
Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke
Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke
Brigham Young University Journal of Public Law
No abstract provided.
Piac (Pee In A Cup) – The New Standardized Test For Student-Athletes, Sara Young
Piac (Pee In A Cup) – The New Standardized Test For Student-Athletes, Sara Young
Brigham Young University Education and Law Journal
No abstract provided.
Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden
Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden
Brigham Young University Education and Law Journal
No abstract provided.
To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond
To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond
Brigham Young University Education and Law Journal
No abstract provided.
After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker
After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker
Faculty Publications
This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and …
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
William & Mary Law Review
This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …
Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling, Timothy B. Waddell
Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling, Timothy B. Waddell
Vanderbilt Law Review
Bobby and Esther Riddle, the Supreme Court of West Virginia conceded, "did an excellent job" teaching their children, Jill and Tim- possibly better than the public schools could do."' Like many fundamentalist parents, the Riddles believed the Bible required them personally to teach their children, protect them from heresy and worldly influence, and resist government intrusions that could imperil their eternal salvation. Moreover, they believed they had constitutional rights to do so. Jill and Tim Riddle studied the same subjects as public schoolchildren, but their studies were interwoven with religious lessons based upon their parents' idiosyncratic view of Christian doctrine. …
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Journal Articles
More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done inside …
Algebra For All?, Nathan C. Jensen, Gary W. Ritter
Algebra For All?, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In Arkansas, students graduate from high school at a relatively high rate – 72% versus the national rate of 69%. However, according to the ACT, only 35% of Arkansas graduates are ready for college-level work (based on Arkansas’ College Readiness Benchmark Scores). Our state's rate of completion from college also ranks below the national average (See Table 3.5 in OEP’s report card here). There is a strong correlation between the successful completion of an algebra course and readiness for college-level work. Because of this, there has been a great deal of interest recently in the question of whether educators in …
The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black
The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black
Faculty Publications
No abstract provided.
Finding The Least Restrictive Environment For Preschoolers Under The Idea: An Analysis And Proposed Framework, Theresa M. Demonte
Finding The Least Restrictive Environment For Preschoolers Under The Idea: An Analysis And Proposed Framework, Theresa M. Demonte
Washington Law Review
Under the Individuals with Disabilities Education Act, both school- and preschool-age children who qualify for special education services are entitled to education in the least restrictive environments appropriate to their needs. For school-age children, the presumptive least restrictive environment is the regular class where their nondisabled peers participate. By contrast, defining an analogous environment for preschool children is difficult, because public schools rarely provide preschool for children without disabilities. This Comment argues that the Act’s language, principles, purposes, and implementing regulations suggest that the settings where a preschool child’s nondisabled peers learn should be identified as that child’s presumptive least …
Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter
Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
At the most recent State Board of Education meeting, State Education Commissioner Tom Kimbrell addressed the need for more monitoring of charter schools to ensure that these schools meet their stated goals, including the types of students they intend to serve and the scope of the schools’ curricula. Additionally, he noted that the current process for reviewing applications for charter schools is inadequate, and acknowledged the need for a more systematic review process. As a result, Dr. Kimbrell reported that the state is planning to create a charter review council that will serve two important functions: reviewing charter applications prior …
Quality Counts 2010: Arkansas Holds Steady, Nathan C. Jensen, Gary W. Ritter
Quality Counts 2010: Arkansas Holds Steady, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 14th annual report - Quality Counts 2010 - was released in January. Four of the six categories (Chance for Success, School Finance, The Teaching Profession, and Standards, Assessment and Accountability) were updated to reflect the most current (2010) data. Arkansas received the highest possible grade (A) in the Standards, Assessments & Accountability category, receiving perfect scores in the subcategories for Standards and School Accountability. Similarly, Arkansas' grade for Transitions and …
From T.L.O. To Safford: A Close Look At The U.S. Supreme Court's Decisions On Searches Of Students And The Principles That Emerge From These Cases, Michael K. Jordan
From T.L.O. To Safford: A Close Look At The U.S. Supreme Court's Decisions On Searches Of Students And The Principles That Emerge From These Cases, Michael K. Jordan
Journal of Law and Practice
No abstract provided.
In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart
In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart
Law Faculty Publications
In loco parentis is a common law doctrine that has been used to characterize the on-campus relationship between a school and its students, but its abuse has led to such absurd cases as Safford Unified School District No.1 v. Redding. Although waning in higher education, the doctrine is experiencing a resurgence in elementary and secondary schools. As originally conceived, the doctrine was used primarily to justify and defend student disciplinary actions: the school stood in the shoes of the parent and had authority to discipline, almost at will. The doctrine, however, never seemed to have a corollary in the …
Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani
Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani
All Faculty Scholarship
This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children’s affirmative right to education under state constitutions, but due to separation of powers concerns, most state courts have been quite deferential to legislatures in reviewing remedies for constitutional violations. This leaves many schools underfunded and under-resourced in spite of successful adequacy litigation—a problem that is aggravated during times of recession, when many states face pressure to cut education budgets. This Note examines these issues using functional separation …
Legal Education In China: English Language Materials, Roderick O'Brien
Legal Education In China: English Language Materials, Roderick O'Brien
International Journal of Legal Information
Modern legal education began in China late in the Qing dynasty (1644-1911), and then expanded during the period of the Republic of China from 1912. With the establishment of the People’s Republic of China in 1949, legal education entered a new and difficult period. The compilation of English language materials offered here includes a few materials relating to the Qing and Republican periods, but after 1949 only materials relating to the People’s Republic of China (mainland China). Hong Kong, Macau, and Taiwan all have separate legal education systems and structures, and are excluded from this compilation.
From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis
From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
Since the landmark school finance decision Serrano v. Priest (1971) ruled that California’s reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. …