Education Law Commons^™

Biting The Bullet: Why The Gun Free Schools Act Must Be Repealed To Protect Student Speech, 49 J. Marshall L. Rev. 593 (2015), Aaron Brand

UIC Law Review

No abstract provided.

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Faculty Scholarship

No abstract provided.

“Jim Crowing” Plyler V. Doe: The Resegregation Of Undocumented Students In American Higher Education Through Discriminatory State Tuition And Fee Legislation, David H.K. Nguyen, Zelideh R. Martinez Hoy

Cleveland State Law Review

This law review article examines the re-segregation of undocumented students in education, more specifically, re-segregation through state laws and policies impacting their attendance at American colleges and universities. Under no fault of their own, undocumented students are marginalized even further after graduating from high school, since they are not afforded the same benefits as their peers to attend college. This article explores the current landscape of these laws and policies after providing background on Plyler v. Doe and state and federal attempts to challenge education for undocumented students.

Ratings Fetishism, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

The obsession with increasing the reputational rankings of American colleges and universities more detrimentally impacts race-based admissions policies than does Supreme Court doctrine. It is no secret that many schools inflate, misleadingly report, or falsify records in order to pander to rankings systems like U.S. News and World Report (“U.S. News”). These systems weigh a school’s mean standardized test scores (SAT and/or ACT) heavily as one of the factors for assigning a rank. Thus, the incentive among schools playing the ratings game is to admit students with the highest SAT scores. But, if one agrees with the data that underrepresented …

Yes, Virginia, There Are Stupid Questions, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Cost Of Opportunity: Student Debt And Social Mobility, Daniela Kraiem

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Disrupting Education Federalism, Kimberly J. Robinson

Law Faculty Publications

The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be structured to achieve the nation's education goals. One ofthe nation's unfulfilled and yet essential education goals is to ensure that all students receive equal access to an excellent education. A variety of scholars and, most recently, the federal Equity and Excellence Commission have offered proposals for advancing this goal. By building on this growing momentum for reform,I argue that disrupting the nation's longstanding approach to education federalism-which I define as the balance of power between federal, …

Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney

UIC Law Review

This Comment will analyze the historical application of antitrust laws to the rules and regulations of the NCAA and argue that, in light of a recent shift in judicial treatment, the next round of antitrust litigation threatens to destroy the entire NCAA model.

Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino

Faculty Works

Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the extent to which the existing hybrids are suited to achieving social purposes objectives, including in comparison to modified traditional forms of business organization. Finding the current fleet of hybrids an innovative, useful start, but with need to evolve, this article proposes statutory language (set forth in a detailed appendix, and summarized in the article text), and …

50,000 Voices Can't Be Wrong, But Courts Might Be: How Chevron's Existence Contributes To Retrenching The Higher Education Act, Twinette L. Johnson

Kentucky Law Journal

No abstract provided.

Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale

Loyola Consumer Law Review

No abstract provided.

Hitting A Home Run In Your Writing, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

Oklahoma Law Review

Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …

United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton

Loyola University Chicago Law Journal

The False Claims Act (“FCA”) is the government’s primary tool in combatting procurement fraud. It allows the United States to litigate cases alleging fraudulent claims against governmental entities, and also allows whistleblowers (called relators) to bring such cases, litigate them on behalf of the government, and collect a share of the proceeds. The viability of the FCA depends on its ability to encourage whistleblowers to come forward and report fraud committed by contractors with the government. One limitation on whistleblowers’ ability to litigate FCA cases is the so-called public-disclosure bar, which bars claims that have been publicly exposed.1 This bar …

Legal Research Using Technological Tools: Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis

Law Faculty Contributions to Books

The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles. No longer simply storehouses of print information, libraries but now serve as starting points for searching online information that can be be accessed anywhere, any time and on any device. Library research that used to take hours or days can now be done in minutes. Online materials …

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Educational Leadership Faculty Publications

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world.

The first book of its kind, this volume consists of …

Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld

Cleveland State Law Review

As we reflect upon the sixtieth anniversary of Brown v. Board of Education, it is critical to not only assess policies advanced during the Obama administration that are aimed at reducing the continuing disparity for minority and economically disadvantaged students, but to also reflect upon what Secretary Duncan called the paradox of educational progress that continues to persist. Part II explores the effort to realize Brown’s promise of integration and equal educational opportunity. It describes a slow but significant history of gains, which has since been thwarted as Brown has been rendered doctrinally impotent. It then considers the relationship …

The Mismatch Myth In U.S. Higher Education: A Synthesis Of The Empirical Evidence At The Law School And Undergraduate Levels, William C. Kidder, Richard O. Lempert

Book Chapters

Opponents of affirmative action in higher education commonly cite two principles to justify their opposition. One is that admissions to institutions of higher education should be based on "merit," which is often treated by critics of affirmative action as consisting of little more than test score results and high school or undergraduate grades. The second is the legal and moral imperative of not making consequential decisions based on race. We shall not address these principles except to note that others have shown that they do not make the case against affirmative action (Carbado & Harris 2008, Shultz & Zedeck 2011, …

Can Universal Pre-K Overcome Extreme Race And Income Segregation To Reach New York’S Neediest Children? The Importance Of Legal Infrastructure And The Limits Of The Law , Natalie Gomez-Velez

Cleveland State Law Review

This article will examine New York City and State’s current universal pre-kindergarten efforts as related to social goals of serving low-income children in segregated schools to address inequality and close opportunity gaps. It also will examine the educational goals of enhancing cognitive gains and improving school readiness for all children. Part I considers pre-kindergarten in a climate of extreme segregation by race and class and in the context of current technocratic education reforms operating against a backdrop of diminished legal remedies for the harms of race and class segregation and inequality. Part II examines pre-kindergarten, with a focus on New …

Seeking Educational Equality In The North: The Integration Of The Hilburn School System, Peter C. Alexander

Law Faculty Scholarship

No abstract provided.

Test Unrest: New York City's Examination High Schools, Aaron J. Saiger

Faculty Scholarship

New York City bases admissions to its eight “specialized” high schools entirely upon scores on a single standardized test. This policy, hotly contested when it was codified by state law in 1971, faces renewed political and legal attacks today. Single-test admissions consistently result in alarmingly low levels of African-American and Hispanic enrollment at the most sought-after specialized schools. This brief essay compares today’s debate to that of 1971. It notes two major developments since then. The City now has eight test-only high schools, not three. Moreover, the eight schools now function in the larger context of New York’s system of …

A Case Study On Ethical Decision Making By Legislative Leaders And Their Motion To Approve The North Carolina Charter School Bill Of 2011, Moses Fox Iii

Dissertations

The purpose of this study was to explore the role that equity and ethics played in decision making by examining the perspectives of elected leaders in a case where members of the North Carolina legislature decided to lift the cap on charter schools by enacting the 2011 North Carolina Charter School Bill. The analysis was based on triangulated qualitative data from historical documents, written documents from the state’s legislative library, and interviews from consenting legislative leaders of North Carolina. The researcher used Colaizzi’s (1978) phenomenological data analysis protocol to explore and understand the participants’ lived experiences. Finally, a pattern matching …

For The Title Ix Civil Rights Movement: Congratulation And Cautions, Nancy Chy Cantalupo

Law Faculty Research Publications

No abstract provided.

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. There are now two chapters on student rights. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.

Has Teacher Tenure’S Time Passed?, Charles J. Russo

Educational Leadership Faculty Publications

A recent trial court order (Vergara v. State of California 2014), which Governor Jerry Brown has already appealed (Nagourney 2014), has sent shock waves through the ranks of teachers and their unions because it threatens what is perhaps educators’ most cherished prize: tenure.

In Vergara, the court invalidated five statutes addressing tenure, procedural safeguards relating to teacher dismissal, and seniority as violating the equal protection clause in the California constitution. The court ruled that the challenged laws “impose a real and appreciable impact on students’ fundamental right to equality of education and that they impose a disproportionate burden on poor …

The Gap Between Rights And Reality: The Intersection Of Language, Disability, And Educational Opportunity, Claire Raj

Faculty Publications

English Language Learners (ELLs) are the fastest growing group in America’s schools. The debate over how to best serve them is largely dominated by fights over English-only versus bilingual instruction. This controversy is once again taking center stage, as states like California and Massachusetts reassess their language programs after a decade of English-only laws on the books. But once again, lost in the battle over language pedagogy is the fact that ELLs face educational challenges beyond language. Like any other student population, the ELL cohort includes students with disabilities who need special education services. In theory, two different statutes protect …

Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas

Cardozo Journal of International and Comparative Law

The note argues that the Palestinian Authority's curriculum, used in UNRWA schools, violates the Convention on the Rights of the Child (CRC) by promoting a culture of violence, martyrdom, and jihad, rather than fostering respect for human rights, peace, and tolerance. It contends that donor countries, particularly the U.S. and E.U., bear responsibility for these violations due to their significant funding of UNRWA and the extraterritorial obligations under the CRC. The note proposes conditioning future funding on the adoption of a neutral education system to ensure compliance with the CRC.

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.

How Reconstructing Education Federalism Could Fulfill The Aims Of Rodriguez, Kimberly J. Robinson

Law Faculty Publications

In the Rodriguez decision, the U.S. Supreme Court held that the plaintiffs did not have a right under the Constitution's Equal Protection Clause, which required the state of Texas to remedy disparities in funding for schools in high-wealth and low-wealth school districts. One of the principal reasons that the Court rejected the plaintiffs' claims was the need to maintain the current balance of power between the federal and state governments over education. Indeed, the Court acknowledged in Rodriguez that even though all equal protection claims implicate federalism, "it would be difficult to imagine a case having a greater potential impact …

Defining Domain: Higher Education's Battles For Cyberspace, Jacob H. Rooksby

Law Faculty Publications

Juliet famously mused, “What’s in a name? that which we call a rose / By any other word would smell as sweet.” The same cannot be said for Internet domain names. One’s inability to own a specific domain name has delayed product launches, caused companies to change names, and led to disputes with alleged cybersquatters. The utility of domain names has led to a robust secondary market of buyers and sellers, where domain names that encompass generic words, or are comprised of very few letters or numbers, often change hands for hundreds of thousands of dollars, or more. In short, …