Education Law Commons^™

Recovering Subsidiarity In Family Life Education, Karen Jordan

William & Mary Journal of Race, Gender, and Social Justice

This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …

We Are Mad About The Wrong Thing, Tanya M. Washington

Faculty Publications By Year

No abstract provided.

Quality Counts 2012, Misty Newcomb, 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 16th annual report - Quality Counts 2012 - was released in January. Overall, Arkansas ranked 5th among the 50 states and was one of only nine states in the U.S. that received a B. This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report itself.

Alumni Association Of The Arab Orthodox School In Haifa V. Minister Of Finance, Miriam Naor, Dorit Beinisch, Eliezer Rivlin

Translated Opinions

Facts: The Budget Elements Law was amended in 2011 to include a new section 3b, which provided that if an entity that receives support or budgeting from the government incurs an expense that falls within any of several listed categories, the Minister of Finance can reduce the entity’s budget or support by an amount no greater than three times the size of the said expense. Of the categories listed, the petitioners focused their challenge on two of them: the first, sub-section 3b(b)(1), referring to an expense which was “in essence” a negation of the values of the State of Israel …

"Hope And Despondence": Emerging Adulthood And Higher Education's Relationship With Its Nonviolent Mentally Ill Students, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy, Christina Meneses, Nicole Grimm

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff

University of Michigan Journal of Law Reform Caveat

The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …

"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Law Faculty Publications

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. The Article begins by analyzing the federal law applicable to students bringing service and assistance animals to campus. The use of animal-assisted activities on campus is also explored. The Article continues with an examination of policies allowing students to have companion animals in campus housing. Concerns raised by administrators about allowing animals on campus are then considered. Finally, the Article sets forth the measures an educational institution should implement to ensure compliance with the law and proposes actions that can …

Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino

FIMS Publications

In 2012, the British Columbia government announced a plan to fund a program that will result in the creation of open access textbooks for 40 lower-year university courses — the first such program in any of the provinces. This paper will argue that Ontario should follow British Columbia’s lead and invest in the development of a project to create and promote the use of open textbooks. The introduction will discuss the concept of open textbooks and the various initiatives and legislation that have been introduced in the United States, and British Columbia’s plan will be described in more detail. The …

Where Art Thou, Privacy: Expanding Privacy Rights Of Minors In Regard To Consensual Sex: Statutory Rape Laws And The Need For A Romeo And Juliet Exception In Illinois, 46 J. Marshall L. Rev. 309 (2012), Jordan Franklin

UIC Law Review

No abstract provided.

Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean

UIC Law Review

No abstract provided.

Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Silencing Students' Cell Phones Beyond The Schoolhouse Gate: Do Public Schools' Cell Phone Confiscation And Retention Policies Violate Parents' Due Process Rights, Nicole Thieneman Maddox

The Journal of Law and Education

No abstract provided.

Drinking And Driving School Buses: Zero Alcohol Tolerance For Public School Bus Drivers, Nancy Vinsel

The Journal of Law and Education

No abstract provided.

What Color Is Special Education, Sarah E. Redfield, Theresa Kraft

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz

Michigan Business & Entrepreneurial Law Review

This article examines issues that are more frequently arising for universities concerning intellectual property in student inventions. It seeks to identify the issue, explain the underlying law, identify actual and proposed solutions to these issues, and explain the legal ramifications of these potential solutions.

The Fallout From Our Blackboard Battlegrounds: A Call For Withdrawal And A New Way Forward, Mae C. Quinn

Journal Articles

In 1973, Time magazine described a national school system under siege.2 In its article "Blackboard Battlegrounds: A Question of Survival," Time reported that troubled urban youth were rejecting education, terrorizing teachers, and turning the country's schoolyards into battlefields. 3 Claiming that simple survival in the face of such insurgency had become the top priority of school administrators, the article quoted one educator as stating, "'You can't teach anything unless you have an atmosphere without violence."' Despite concerns about a culture of aggression and hostility within the education setting, the article went on to laud new national experiments in increased school-based …

A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer

Faculty Works

This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …

((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson

Georgia Law Review

This Essay examines the struggle to desegregate the
University of Georgia (UGA) in the context of the broader
strategies to defeat segregation in higher education. In
doing so, this Essay explores Horace T. Ward's struggle to
enroll in UGA School of Law in Ward v. Regents, the first
lawsuit in Georgia history to attempt to dismantle the
centuries-old practice of segregation at UGA. The Essay
then examines the Holmes v. Danner case, which led to the
admission of the first African-American students at UGA
and the dismantling of segregation statewide in Georgia's
public colleges and universities.
Building upon this backdrop, …

Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black

Georgia Law Review

During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …

The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech, Rory A. Weeks

Georgia Law Review

When, if ever, can school officials punish a student's off-
campus speech? The Supreme Court's student-speech
jurisprudence does not provide a clear answer. But this
much is clear: School officials do not possess absolute
authority over students' on-campus speech. Public school
students do not shed their First Amendment rights at the
schoolhouse gate. And yet during school or school-related
activities, public school students do not have coequal First
Amendment rights with adults in other contexts. During
school or school-related activities, school officials may
proscribe otherwise-permitted speech in order to fulfill the
school's basic educational mission, which includes
instructingstudents in civility. …

American School Finance Litigation And The Right To Education In South Africa, Scott R. Bauries

Law Faculty Scholarly Articles

This paper addresses the South African Constitution's invitation to the Constitutional Court to 'consider foreign law' when interpreting its provisions. Focusing on the education provisions found in section 29 of the Constitution, I make two claims. Firstly, contrary to the developing consensus, American state supreme court jurisprudence in school funding cases makes a poor resource to aid the interpretation of the basic South African right to education, regardless of the quantum of education that the Constitutional Court decides is encompassed by the word 'basic'. Secondly, however, certain aspects of these same American decisions, particularly the space they provide for a …

Reutter’S The Law Of Public Education, Charles J. Russo

Educational Leadership Faculty Publications

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.

Deconstructing A Decade Of Charter School Funding Litigation: An Argument For Reform, Lisa Lukasik

Scholarly Works

For over a decade, North Carolina's charter schools and traditional public schools have been embroiled in litigation over access to local public funding. This litigation shows no sign of abatement. In fact, disputes between charter schools and traditional public schools over local funds are likely to continue until the North Carolina legislature revisits the state's charter school funding statute and modifies the means by which local funds are transferred to charter schools.

This Article deconstructs the state's charter school funding statute, the decade-long series of appellate decisions interpreting it, and the administrative and legislative responses to each appellate decision. It …

Religious Consumers And Institutional Challenges To American Public Schools, Aaron J. Saiger

Faculty Scholarship

The paradigm of American K–12 education is shifting as the institution of local educational polities, each responsible for own its 'common schools,' faces competition from programs of school choice. Although charter schools and related reforms are generally studied in terms of quality and equity, the rise of consumer sovereignty as an alternative to political sovereignty as an organizing principle for educational governance has much wider ramifications. Paradigms of choice have already begun dramatically to alter religious education and its relationship to public schooling. Moreover, because these paradigms rely upon consumer preferences and the aggregation of those preferences by markets, the …

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.