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Articles 1 - 30 of 205
Full-Text Articles in Education Law
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
All Faculty Scholarship
This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Chicago-Kent Law Review
This note analyzes the current circuit split over whether schools should have the authority to punish students for speech made on the Internet. Part I discusses the First Amendment generally and the four Supreme Court cases that have refined its application with respect to on-campus student speech. Part II presents the ensuing circuit split over the constitutionality of disciplining students for online, off-campus speech. Specifically, this section will explain both of the existing perspectives and why neither of the two is ideal. Part III attempts to devise a solution to the current divide by advocating a compromise position. In particular, …
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …
Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha
Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha
Educational Leadership and Policy Studies Faculty Publications
No abstract provided.
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
William & Mary Bill of Rights Journal
No abstract provided.
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
BYU Law Review
No abstract provided.
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
BYU Law Review
No abstract provided.
An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck
An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck
Graduate Theses and Dissertations
Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
Florida Law Review
Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third …
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Florida Law Review
In a “cut-and-paste” Internet environment where plagiarism is easier than ever, academic institutions face the daunting challenges of promoting honesty and respect for the work of others and of ensuring the integrity of the learning and grading processes. Many academic institutions have accordingly turned to commercial plagiarism prevention and detection services, such as those provided by a company called Turnitin. Yet those institutions that use the Turnitin system may be fostering infringement of the intellectual property rights of their students. When Virginia’s McLean High School recently announced plans to use Turnitin, students balked and collected 1,190 student signatures on a …
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
Florida Law Review
This 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 …
Growth Model Evaluations: Possibilities And Pitfalls, John Dively
Growth Model Evaluations: Possibilities And Pitfalls, John Dively
Faculty Research and Creative Activity
In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.
Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr
Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr
Faculty Research and Creative Activity
In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano
It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano
Pepperdine Law Review
No abstract provided.
Legal Considerations: Student Activities, Organizations & Greek Life, John Sanders
Legal Considerations: Student Activities, Organizations & Greek Life, John Sanders
Parameters of Law in Student Affairs and Higher Education (CNS 670)
No abstract provided.
Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin
Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin
Pepperdine Law Review
No abstract provided.
Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark
Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark
Pepperdine Law Review
No abstract provided.
The Milwaukee Parental Choice Program: A Constitutional Victory For School Choice, Robert L. Mcfarland
The Milwaukee Parental Choice Program: A Constitutional Victory For School Choice, Robert L. Mcfarland
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
2011-12 Arkansas Open-Enrollment Charter School Test Results, Reed Greenwood, Gary W. Ritter
2011-12 Arkansas Open-Enrollment Charter School Test Results, Reed Greenwood, Gary W. Ritter
Policy Briefs
Charter schools are receiving more attention in Arkansas and across the nation, as the number of these public schools of choice in Arkansas fluctuates each year. Some charters have been closed, while new ones have been opened. Further, in many media outlets, charter schools are often lumped together as one entity. However, ‘charter school’ is not a blanket term. They are separate schools run under separate charter documents with different operators. In Arkansas, there are two types of charter schools: conversion charter schools and openenrollment charter schools. Conversion charter schools are governed by the leadership in the district in which …
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
NULR Online
No abstract provided.
Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft
Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft
Parameters of Law in Student Affairs and Higher Education (CNS 670)
No abstract provided.
The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams
The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams
In the Balance
No abstract provided.
Autism Spectrum Disorder And New Jersey Administrative Law Decisions: An Analysis Of Case Law Involving Public School Students, Michael J. Barcadepone
Autism Spectrum Disorder And New Jersey Administrative Law Decisions: An Analysis Of Case Law Involving Public School Students, Michael J. Barcadepone
Seton Hall University Dissertations and Theses (ETDs)
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Is Vouchering The Way To Vouch For Special Education, Perry A. Zirkel
Is Vouchering The Way To Vouch For Special Education, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Special Education Vouchers Are Beneficial: A Response To Hensel, Stuart Buck
Special Education Vouchers Are Beneficial: A Response To Hensel, Stuart Buck
The Journal of Law and Education
No abstract provided.