Education Law Commons^™

Understanding Secondary Immigration Enforcement: Immigrant Youth And Family Separation In A Border County, Nina Rabin

The Journal of Law and Education

No abstract provided.

Robin Hood, In Reverse: How Law School Scholarships Compound Inequality, Aaron N. Taylor

The Journal of Law and Education

No abstract provided.

Reform Of Higher Education Institutions: Getting Huesos En Vez De Huesitos, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Recent Decisions

The Journal of Law and Education

No abstract provided.

The Importance Of Free Speech On Public Campuses And The Restriction Of Free Speech On University Campuses Due To Safety Concerns, Laquasha Combs

The Journal of Law and Education

No abstract provided.

Renewing The Healthy, Hunger Free Kids Act And Strengthening The Farm To School Program, Steele Rouse

The Journal of Law and Education

No abstract provided.

A Title Ix Conundrum: Are Campus Visitors Protected From Sexual Assault?, Hannah Brenner

Faculty Scholarship

Sexual violence is a significant and longstanding problem on college campuses that has been made even more visible by recent media attention to the #MeToo movement. Title IX of the Education Amendments of 1972 addresses discrimination (including sexual violence) that impedes access to education; the law demands compliance from federally funded schools related to their prevention of and response to this problem. The U.S. Supreme Court has interpreted the law to contain an implied private right of action that can be brought against a school for its deliberate indifference to severe and pervasive sex discrimination about which it has knowledge. …

Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee

Journal Articles

Student activism for racial equity and inclusion is on a historic rise on college and university campuses across the country. Students are reminding us that Black lives matter. They are bringing attention to the ways in which the normal operation of the legal system creates racial and other inequalities. They are critiquing the ways in which their experiences and perspectives are pushed to the margins in classrooms, on campuses, and in society.

In urging for university policies that allow for such activism to be moments of teaching and learning for all involved, I argue in this Article that student academic …

Two Shades Of Brown: The Failure Of Desegregation In America; Why It Is Irremediable (And A Modest Proposal), James M. Mcgoldrick Jr.

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legacy of Brown v. Board of Education has been undermined by the Supreme Court's gradualist approach and distinctions between de jure and de facto segregation, leading to persistent school segregation. The author contends that judicial remedies have proven insufficient due to legal constraints, such as the de jure requirement and strict scrutiny of race-based remedies. To address these failures, the article proposes a legislative solution, "LEAP" (Learning Equality for All Persons), a federal spending program to incentivize school integration and promote educational equality.

A Dream Still Deferred: The Unlawful Use Of Student Fees For Instructional Technology In An Alabama Public School Causing A Disparate Impact For Minority Children, Taurus Myhand

Scholarly Works

In framing the United States Constitution, the public education mandate was reserved for the states to strengthen, not weaken, the efforts of the governments to provide an education for the people. However, there are far too many instances where equal access to educational opportunities is still a dream deferred for many racial and ethnic minority children that are enrolled in public school systems throughout the United States. That is particularly the case for racial and ethnic minority students at one public school system in Alabama. This Note explores the constitutional issues raised by Pike Road School System’s use of mandatory …

Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson

University of Colorado Law Review

For nearly a decade, the school choice movement in Colorado has hung in the balance as the fate of the Douglas County School District Choice Scholarship Program worked its way through the courts, even reaching the United States Supreme Court in the process. The main issue at stake was whether Article IX, § 7 of the Colorado Constitution, which prevents public institutions from making any appropriation to a "church or sectarian society," barred students from using a school district scholarship to attend a private religiously affiliated school.

The Colorado Supreme Court in 2015 ruled that the Choice Scholarship Program indeed …

Schooling At Risk, Barbara A. Fedders

Faculty Publications

No abstract provided.

Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

Indiana Law Journal

INTRODUCTION

OVERVIEW OF ENRON

A. ENRON AND DEREGULATION

B. THE LJM SPES

C. ENRON’S COLLAPSE

II: ENRON’S GATEKEEPER PROBLEMS

A. ARTHUR ANDERSEN

B. INDEPENDENT ANALYSTS

C. CREDIT RATING AGENCIES

D. ENRON’S BOARD OF DIRECTORS

E. SECURITIES AND EXCHANGE COMMISSION (SEC)

III: CHARTER SCHOOLS AND RELATED-PARTY TRANSACTIONS

A. CHARTER SCHOOL DEREGULATION AND PRIVATE INVESTORS

B. EXAMPLES OF ENRON-LIKE RELATED-PARTY TRANSACTIONS

1. IMAGINE SCHOOLS

2. IVY ACADEMIA CHARTER SCHOOL

3. AMERICAN INDIAN MODEL CHARTER SCHOOLS

4. GRAND TRAVERSE ACADEMY

5. PENNSYLVANIA CYBER CHARTER SCHOOL

C. THE FEDERAL GOVERNMENT, RELATED-PARTY TRANSACTIONS, AND THE NEED FOR STRONG GATEKEEPING

IV: CHARTER SCHOOL GATEKEEPERS

A. AUDITORS …

School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert

Faculty Scholarship

More than ten years have passed since the United States Supreme Court last addressed school desegregation. In its abbreviated tenure in the decades following Brown v. Board of Education, school desegregation was successful in many respects. Longstanding policies of state-sponsored educational apartheid eventually ended. A great many school buildings became more diverse. Countless students of color gained access to improved academic opportunities and better life outcomes. A consensus formed around the positive impacts that desegregation could have on both students of color and white students. When courts retreated from upholding desegregation policies, many communities developed their own voluntary plans, some …

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

Exploring The Meaning Of Experiential Deaning, Robert Dinerstein, Margaret Martin Barry

Scholarly Articles in Law Reviews & Journals

This article explores the position of associate dean of experiential education in law schools across the country and the central role associate deans play in the changing landscape of legal education. Experiential deans have broad responsibility for overseeing law schools’ experiential education programs. Additional responsibilities differ between institutions, but range from leading efforts to comply with new ABA standards to overseeing the integration of experiential education into the broader curriculum. Analyzing survey data collected from associate experiential deans across the country, the authors find the structure, content, and authority of the position is under-developed. The authors make recommendations on how …

Higher Education As A Human Right, Heidi Gilchrist

Faculty Scholarship

No abstract provided.

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.

Charter Schools And School Desegregation Law, Will Stancil

Mitchell Hamline Law Review

No abstract provided.

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.

Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy

Mitchell Hamline Law Review

No abstract provided.

Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer

Mitchell Hamline Law Review

No abstract provided.

Minnesota’S Education System Is Unconstitutional:Will Someone Bring A Compelling Case?, Gerald Von Korff

Mitchell Hamline Law Review

No abstract provided.

Breaking The Silence With A Permanent Mark: Preventing And Punishing Serial Rapists On College Campuses, Sarah Rose Silverhardt, Esq.

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the historical evolution of how Title IX came to incorporate sexual violent crimes on colleges and universities. Moreover, Part I defends the existence of Title IX. Specifically, it evaluates the value of the “Dear Colleague” letter (“the Letter”), which outlines the procedures and responsibilities of educational institutions to protect students and enforce a discrimination-free (specifically sexual violence free) environment on campuses. Part I concludes by discussing sanctions imposed on schools for non-compliance of Title IX procedures and thus, the limited success of Title IX on campuses.

Part II briefly discusses critiques of Title …

Universities As “Sanctuaries”, Maryam Ahranjani

Scholarly Works

When Donald Trump, a businessman and reality television personality with antiimmigrant views, was elected President of the United States in November 2016, thousands of students, faculty and staff at many colleges and universities around the country implored their institutions to affirmatively declare themselves sanctuaries for undocumented students. Enjoying support both from the estimated 200,000 undocumented university students and other stakeholders, the movement gained quite a bit of momentum, but many contentious battles also have occurred. According to the author's empirical analysis, only twenty of the more than 5,000 institutions of higher education in the United States have adopted the sanctuary …

Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum

Scholarly Works

Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and correlate with poor academic achievement, high drop-out rates, disaffection and alienation, and greater contact with the criminal justice system, a phenomenon christened the "School-to-Prison Pipeline."

A promising replacement for this punitive disciplinary regime derives from restorative justice theory and, using a variety of different legal interventions, reform advocates and lawmakers have tried to institute …

Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard

Other Publications

No abstract provided.

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.

Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow

Marquette Sports Law Review

None

Table Of Contents

The Journal of Law and Education

No abstract provided.