Education Law Commons^™

Supreme Court Decisions

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

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Bullying: A State Of Affairs, Samantha Neiman, Brandon Robers, Simone Robers

The Journal of Law and Education

No abstract provided.

The Federal Constitution Versus A State Constitution: Revisiting Zelman V. Simmons-Harris In Indiana, Dana Eberle-Peay

The Journal of Law and Education

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Primary And Secondary Education

The Journal of Law and Education

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Teaching Literacy In Order To Turn The Page On Recidivisim, Emily Music

The Journal of Law and Education

No abstract provided.

Uncle Sam, Can You Please Sing Us A "Choruss"?, Brody Ehrlich

Cardozo Public Law, Policy & Ethics Journal

The rise of peer-to-peer file-sharing platforms like Napster fundamentally disrupted the music industry, leading to a sharp decline in sales and prompting legal battles over copyright infringement. The note argues that traditional legal and market-based strategies to combat piracy have largely failed, necessitating a revised copyright system that balances industry interests with consumer behavior. It proposes a compulsory licensing model, inspired by the Choruss experiment, to legalize and monetize file sharing while ensuring fair compensation for rights holders.

Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton

Pepperdine Law Review

No abstract provided.

The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia

Pepperdine Law Review

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Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy

Pepperdine Law Review

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Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura

Buffalo Public Interest Law Journal

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Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce

University of Michigan Journal of Law Reform

Congress could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. Many school districts are not aware of the prevalence of LGBT bullying and the extent to which each school protects, or fails to protect, its LGBT students compared to other harassed students. LGBT students often encounter difficulty demonstrating that their school district has a policy or custom of deliberate indifference toward their equal treatment when a school does not equally protect an LGBT student from peer-to-peer bullying because of the …

The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo

Educational Leadership Faculty Publications

Recent legislation raised questions about the status of teachers unions and public-sector collective bargaining. Although the changes in Florida, Idaho, and Tennessee occurred with a minimum of disruption, the same was not true in Ohio and Wisconsin. Voters in Ohio repudiated a law that would have placed significant limits on the rights of public employees to bargain collectively (McNeil 2011a). Conversely, voters in Wisconsin defeated a recall election intended to remove the governor and legislators who acted to curtail the bargaining power of teachers unions (Stein 2012).

Organized labor and collective bargaining in education have grown to the point at …

New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash

BYU Law Review

No abstract provided.

Houston, We Have A…Solution?, Reed Greenwood, Gary W. Ritter

Policy Briefs

The Arkansas Department of Education recently released the list of the lowest performing schools in Arkansas—labeled as focus and priority schools. Now that these schools have been singled out, they will be subjected to heavy intervention. Educators and policymakers all over Arkansas have their eyes on these schools and are asking - what's next? How do we turn around lower performing schools? What works? In this policy brief, we outline one particular program—the Apollo 20 program—that is working to turnaround achievement in lower performing schools. Early results show gains comparable with prominent charter schools in the nation, but some criticize …

Common Core State Standards In Arkansas, Caleb P. Rose, Gary W. Ritter

Policy Briefs

In July 2010, the Arkansas Board of Education adopted the Common Core State Standards and the PARCC Assessment program. The Arkansas Department of Education (ADE) then created a strategic plan and a timeline for the implementation of the standards. The new standards were implemented in Arkansas K-2 classrooms this past school year, 2011-12. During this current school year, 2012-13, the standards are being implemented in grades 3-8.

Arkansas’ Esea Waiver Approval Update, Caleb P. Rose, Gary W. Ritter

Policy Briefs

On June 29th, 2012, the US Department of Education announced that it had approved Arkansas’s ESEA waiver request. On July 4th, the Arkansas Department of Education (ADE) announced it had identified 48 Priority and 110 Focus schools. Priority and Focus schools are the new names for the two lowest-rated school performance categories; schools and districts in these categories are subject to ADE intervention. This policy brief explains the major differences between the accountability system under No Child Left Behind (NCLB) and the new revised system.

2011-2012 Arkansas Test Results, Reed Greenwood, Gary W. Ritter

Policy Briefs

On Monday, July 30, the Arkansas Department of Education (ADE) released the 2011-2012 test score results. The following brief will highlight the results of these tests, compare achievement scores over time, and provide a glimpse of regional achievement results for the following exams:  Benchmark Exam (Grades 3-8)  End-of-Course Exam (Algebra I, Geometry, Biology, and Grade 11 Literacy).  Iowa Test of Basic Skills (Grades 1-9)

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

San Diego Law Review

One of the most enduring educational debates of the past three decades has dealt with the legality and advisability of sex-segregated education. This debate can often look confusing, given a large number of debaters and the diversity of their perspectives and agendas. More than this diversity, however, the debate is confusing because the debate has been structured as a contest between the "innovation" of sex-segregated education and status quo coeducation. Missing from the debate is a comparison between reformed coeducation and a single-sex alternative, a comparison that is markedly more useful in determining what ought to be done about the …

Fantasies And Illusions: On Liberty, Order, And Free Markets, Bernard E. Harcourt

Cardozo Law Review

No abstract provided.

Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern

Pepperdine Law Review

No abstract provided.

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

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The Special Education Case Law Iceberg: An Initial Exploration Of The Underside, Perry A. Zirkel, Amanda C. Machin

The Journal of Law and Education

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Charter School Revocation: A Method For Efficiency, Accountability, And Success, Dylan P. Grady

The Journal of Law and Education

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Supreme Court Review Recent Cases & Commentary

The Journal of Law and Education

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Lower Federal Courts And State Courts Recent Cases & Commentary

The Journal of Law and Education

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Evading The Tweet Bomb: Utilizing Financial Aid Agreements To Avoid First Amendment Litigation And Ncaa Sanctions, Patrick Stubblefield

The Journal of Law and Education

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Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams

Faculty Publications

This article discusses two reasons why likening bullying victimization to an educational disability makes sense. First, face-to-face bullying and cyberbullying impose on student victims the sort of educational deprivation that the federal Individuals with Disabilities Education Act (IDEA) addresses in the disabilities arena. Second, today’s belated public sensitivity to school bullying victims resembles the belated public sensitivity to students with disabilities that led to passage of the IDEA in 1975.

Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas

Indiana Law Journal

Jerome Hall Lecture, Indiana University Maurer School of Law, Bloomington, Indiana, January, 2011.

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

UF Law Faculty Publications

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …