Education Law Commons^™

For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse

Brigham Young University Education and Law Journal

No abstract provided.

Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell

Brigham Young University Education and Law Journal

No abstract provided.

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.

Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold

Brigham Young University Education and Law Journal

No abstract provided.

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.

Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan

Brigham Young University Education and Law Journal

No abstract provided.

Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.

Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern

Brigham Young University Education and Law Journal

No abstract provided.

A Need For Reform — In The Wake Of The Penn State Scandal: In Higher Education And K–12 Schools, Victoria Carlton

Brigham Young University Education and Law Journal

No abstract provided.

The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt

Buffalo Law Review

No abstract provided.

School Finance Reforms For Ohio, Linda L. Robison, Loi Yoder

Akron Law Review

This comment will first examine the legal rationale of the leading court decisions concerned with the constitutionality of educational funding programs. Secondly, the advantages and disadvantages of current funding programs, as well as Ohio's present program, will be discussed. An analysis of the guidelines set by the Ohio courts, and a discussion of what is wrong with Ohio's current plan will follow. Finally, proposals for solving Ohio's problems will be offered.

Minimum Competency Testing - Redundancy Or Necessity? An Analysis Of The Educational And Legal Issues, Dianne L. Goss

Akron Law Review

This article will discuss the pros and cons of the movement, first from an educational viewpoint, then from a legal perspective, touching on some current state plans and programs and offering suggestions and conclusions.

Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo

Akron Law Review

In the American democratic system, it is not uncommon for small, publicly-elected bodies to control the workings of societal institutions. These bodies may be federal, state or local in realm and function, and are usually given wide discretion. But who is it that controls the actions of these bodies This question is paramount to the myriad of recent cases involving the removal of books from secondary school libraries. The body involved is the local school board - an elected unit charged with the duty of managing school affairs. In that process of management, however, local school boards are apparently not …

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.

Drug Urinalysis In The Public Schools: Going Beyond T.L.O., James J. Cummings

Akron Law Review

The approach taken here will be to discuss briefly the fourth amendment, review traditional doctrines involving school searches, analyze the recent United States Supreme Court decision in New Jersey v. T.L.O., describe the relevant issues in a urinalysis search and recommend the standard by which such procedures should be judged.

School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann

Akron Law Review

This analysis will begin with an examination of the historical bases for the state's educational authority and the traditional limitations placed on this authority by the courts. Next, the genesis of students' rights will be reviewed along with the restrictions the growth of these rights has imposed upon school board authority. The paper will then turn to the Pico case itself - surveying the various judicial approaches taken in balancing the interests of school board authority and students' rights and scrutinizing these approaches for the proper theoretical framework for student first amendment rights analysis. Finally, the paper will examine the …

The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco

Akron Law Review

This note will present an overview of early case law relevant to the Education of the Handicapped Act ("EHA"), discuss the facts and rationale of the Burlington v. Department of Education decision, and analyze the implications of Burlington as they relate to implementing the EHA in the future.

Mathew Fraser Sheds His Consititutional Rights To Freedom Of Speech At The Schoolhouse Gates, Karrie M. Kalai

Akron Law Review

The Constitution does not bestow an "unbridled license giving immunity for every possible use of language." The first amendment is not the guardian of unregulated talkativeness. Accordingly, the state's power to control the conduct of children reaches beyond the scope of its authority over adults, and the well-being of children is one subject entirely within the state's constitutional power to regulate. While children clearly have some first amendment rights, these rights differ in important respects from the rights enjoyed by adults. As the Supreme Court noted, "the world of children is not strictly part of the adult realm of free …

The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Georgia Journal of International & Comparative Law

No abstract provided.

Kuhlmeier V. Hazelwood School District: The First Amendment Rights Of Public High School Students, Edward S. Muse

Akron Law Review

In Kuhlmeier v. Hazelwood School District, the Supreme Court held that high school students' first amendment rights were not violated when their principal deleted articles from the school newspaper. The Court stated that the school newspaper was not a "public forum" for expression which normally receives full first amendment protection. The Court further held that the school principal did not violate students' first amendment rights when he restricted the printing of articles due to the effect that they could have on other students.

The Supreme Court's decision will undoubtedly curtail students' rights to free speech and press. This casenote …

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helwig

Akron Law Review

This essay establishes, first, the professional aspects of disclosure. Second, it defines the equipoise between the State's interest in efficiency and the teacher's interest in exercising his or her First Amendment right of expression of religious opinion on matters of public interest. Third, the essay identifies expressive activities of the teacher within the classroom that should be accorded First Amendment protection pursuant to James v. Board of Education. Fourth, the essay examines whether the professor's disclosure of personal and theological biases in a classroom constitutes state action and concludes that a professor fulfilling his or her assigned tasks within …

Cleaning Up With Banquo's Ghost In The Dairyland? A Brief (Economic) Analysis Of The Milwaukee Parental Choice Program's Unconstitutional Conditioning Of Its Aid On An Effective Waiver Of A Recipeint's Free Exercise Of Religion: Professor Richard A. Epstein's Bargaining With The State And Miller V. Benson, Michael E. Hartmann

Akron Law Review

If a state gives school-choice aid to individual parents, for instance, can it constitutionally attach a condition coercing, pressuring, or inducing such a parent to in return effectively waive the free exercise of religion by preventing the use of that aid - by, again, an individual - for tuition at a sectarian school? A pending federal lawsuit by Kansas City's Landmark Legal Foundation on behalf of five low-income parents and their children essentially asks this question of Wisconsin's four-year-old Milwaukee Parental Choice Program (M.P.C.P.), as does this short piece.' The following section, then, by way of further introduction, encapsulates law …

College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01, David W. Woodburn

Akron Law Review

This Comment examines the Ohio Workers' Compensation Act 25 and its applicability to scholarship-athletes. Part I discusses the failure of the NCAA and its universities to adopt an insurance program capable of providing effective coverage to scholarship-athletes. Part II provides a general overview of workers' compensation and discusses the major cases which either support or negate the applicability of workers' compensation to scholarship-athletes. Part III examines Ohio Revised Code section 4123.01 and how it can be interpreted to include scholarship-athletes within its scope, as well as discussing the public policy implications of incorporating scholarship students with this section.

Introduction To Clinical Teaching For The New Clinical Law Professor: A View From The First Floor, William P. Quigley

Akron Law Review

New clinical teachers, full of enthusiasm and energy, arrive at the law school having just crossed over into the new vocation of professor from their previous work as practicing lawyers. As many as ten eager, dedicated, inexperienced law students will shortly be representing several clients each, under the close supervision of the new clinical faculty member. There is a new office, new coworkers, new cases, new students, but most new of all, a new way of operating. No longer the lone advocate, now the advocate has-become a clinical teacher, working with law students. Dedicated to education and service, the clinic …

Harassing Speech In The Public Schools: The Validity Of Schools' Regulation Of Fighting Words And The Consequences If They Do Not, Adam A. Milani

Akron Law Review

What can - and should - schools do about the harassment which their students are suffering? While the issues of hateful and harassing speech and political correctness on college campuses have received a great deal of attention in both the mass media and legal journals, the very real problem of student-to-student harassment in grammar and high schools has only recently been given attention in either forum. More specifically, there has been little attention paid to the questions of whether (1) the First Amendment permits grammar and high schools to control harassing speech by students, (2) schools violate civil rights statutes …

Cleveland And Milwaukee's Free Market Solution For The "Pedantic Heap(S) Of Sophistry And Nonsense" That Plague Public Education: Mistakes On Two Lakes?, Douglas S. Edwards

Akron Law Review

This Comment summarizes the existing comprehensive analysis of federal and state constitutional challenges to voucher programs. It examines how the groundbreaking Cleveland and Milwaukee plans addressed these critical issues, and makes suggestions for legislators wishing to implement similar plans in their states. The suggestions are intended to: 1) facilitate the passage of such measures; 2) mitigate the most divisive arguments of voucher opponents; 3) allay the fears of the legislators and their constituents; and 4) fortify such plans against probable legal challenges.

Utilizing School Voucher Programs To Remedy School Financing Problems, Dominick Cirelli

Akron Law Review

This comment will focus on the existing problems in school financing, and the judicial treatment of these problems. Additionally, this comment will address whether school voucher programs are a viable option in addressing school financing inequities,"' with a particular focus on the existing voucher programs in Cleveland and Milwaukee." Finally, this comment will evaluate whether a voucher program would survive equal protection scrutiny.

Taxation Of Prepaid Tuition Plans And The 1997 Tax Provisions - Middle Class Panacea Or Placebo? Continuing Problems And Variations On A Theme, Eric A. Lustig

Akron Law Review

This article addresses the continuing tax issues and policies attendant to one form of financing the costs of higher education -- prepaid tuition plans. These plans generally allow one to purchase tuition in advance for future use. One attraction of such a plan is that the purchaser can lock in tuition at present rates, thus protecting against inflation and other tuition hikes. Moreover, favorable tax treatment exists as the build up of benefits is generally tax-free to the purchaser, which provides a significant advantage over other savings programs. Although prepaid tuition plans have been in existence for a number of …

A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson

Akron Law Review

This comment examines the recent trend towards anti-affirmative action in the context of university admissions policies. First, the comment will trace some of the formative history of affirmative action, including the Bakke decision. It will then review and analyze specific judicial and legislative events which suggest a trend towards anti-affirmative action. Finally, the comment will explore the different rationales for affirmative action and suggest some alternatives to racial preferences in admissions policies.