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Articles 1 - 30 of 184
Full-Text Articles in Education Law
Toward A More Democratic America, Thomas Kleven
Toward A More Democratic America, Thomas Kleven
Seattle Journal for Social Justice
No abstract provided.
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
In O’Bannon v. NCAA, the United States District Court for the Northern District of California entered a permanent injunction against the National Collegiate Athletic Association enjoining the collegiate sports governing body from enforcing limits on student-athlete compensation derived from the use of their name, images, and likenesses rights. The court concluded that NCAA rules unreasonably restrained trade in violation of the Sherman Anti-Trust Act, however, neither the court nor the NCAA laid out a framework for lawfully implementing these new economic rights to student-athletes. Since that ruling, only one state’s legislature, California, has attempted to pass legislation to prevent the …
The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett
The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett
Arkansas Law Review
In the United States, debates about private and faith-based education tend to focus on questions about government funding: which kinds of schools should the government fund (and at what levels)? Should, for example, students be able to use public funds to attend privately operated schools? Faith-based schools? If so, what policy mechanisms should be used to fund private schools—vouchers, tax credits, direct transfer payments? How much funding should these schools receive? The same amount as public schools or less? As a historical matter, the focus on funding in the United States makes sense because only public (that is, government-operated) elementary …
Disability Discrimination In Higher Education: The Enabling Spirit Of American Disability Legislation In Conflict With Judicial Interpretation, Travis Murray
Student Scholarship
Disabled individuals have historically been treated as second-class citizens in the United States. While improvements have certainly been made over time, disabled individuals still face significant barriers to enjoying full and equal participation in society. Higher education is one aspect of American society still lacking proportional representation of the disabled community. To try and understand why disabled Americans fail to thrive in higher education at rates approaching those of non-disabled individuals, this paper will examine the following: how the history of disability discrimination in America influenced passage of powerful anti-discrimination legislation; how American courts have generally interpreted that legislation to …
Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey
Preserving Fabled Amateurism: The Benefits Of The Ncaa’S Adoption Of The Olympic Amateurism Model, John Kealey
Journal of Law and Policy
After a century of denying student-athletes from receiving compensation outside the cost of attendance for their athletic contributions to their respective universities, the NCAA finally announced it would change its amateurism rule. The change came in response to multiple class action lawsuits and, more recently, legislation from many states, namely California and New York, which would have mandated that universities do not interfere with student-athletes desire to commercially exploit their own names, image, and likenesses. However, these statutes are potentially flawed in that each could exacerbate or perpetuate the anti-trust and first amendment issues inherent to the current amateurism rule. …
The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Teacher Demoralization: Neoliberal Influence On The Complex Education System And Teacher Morale, Dionne Elvira
Teacher Demoralization: Neoliberal Influence On The Complex Education System And Teacher Morale, Dionne Elvira
Electronic Theses, Projects, and Dissertations
Since the 1980s, neoliberal influence has slowly taken over our education system’s vision and purpose. Presently, marketization in schooling has drawn the attention and influence of those of monetary and political power (Bartlett et al., 2002). Accountability measures set in place by the strings attached to school funding and sanctions encompass blanket demands on classroom instruction not equitably designed to support our diverse student populations (Ravitch, 2013; Reigeluth, 2014; Tsang, 2019). The school system, as it presently stands, is managed and maintained under systematic models that do not align to the complex needs of each unique school within its unique …
Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford
Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford
Electronic Theses and Dissertations
This research study analyzed the perceptions of special education supports by school administrators. Specifically, this research discussed comparative findings of perceptions of special education supports between building principals and building-based special education team chairpersons in one Massachusetts public school district. The findings are grounded in the district’s inclusive philosophy and its capability to ensure that all students are provided educational opportunities in the least restrictive educational environment. The problem studied was that many students with disabilities who are unable to find academic success within an inclusive academic environment are typically transitioned into a more restrictive—or substantially separate—alternative education setting. It …
White Parents Searching For White Public Schools, Ezra Rosser
White Parents Searching For White Public Schools, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
The New White Flight makes two significant contributions to our understanding of race and education. First, it argues that white parents chose to send their children to segregated, disproportionately white schools. This choice is reflected in white residential preferences for areas where "pricing-out mechanisms" ensure that the local school is disproportionately white. (P. 254.) This racially-motivated choice holds "even when school quality is controlled for, meaning that whites tend to choose predominately white schools even when presented with the choice of a more integrated school that is of good academic quality." (P. 236.) Second, it shows how charter schools give …
Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz
Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz
D.C. Council Testimony
No abstract provided.
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
Maine Law Review
The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the responsibility, …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
“Dress Coded” A Distraction And Disruption: Sex-And-Race-Based Discrimination And Speech Restriction In Public School Dress Codes, Elizabeth "Bitsy" Skerry
“Dress Coded” A Distraction And Disruption: Sex-And-Race-Based Discrimination And Speech Restriction In Public School Dress Codes, Elizabeth "Bitsy" Skerry
Upper Level Writing Requirement Research Papers
No abstract provided.
Joint Identities?: A Self-Case Study Of The Professional Identity Development Of J.D./Ph.D. Professionals In Education Law, Raquel Muniz, Dwayne Wright, Rafael E. Alvarado, Vanessa Miller, J. Queen Mcgrew
Joint Identities?: A Self-Case Study Of The Professional Identity Development Of J.D./Ph.D. Professionals In Education Law, Raquel Muniz, Dwayne Wright, Rafael E. Alvarado, Vanessa Miller, J. Queen Mcgrew
The Journal of Law and Education
No abstract provided.
Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacscu, James M. Donovan
Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacscu, James M. Donovan
The Journal of Law and Education
No abstract provided.
Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone
Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone
The Journal of Law and Education
No abstract provided.
Mergers Between Higher Education Institutions: Regulatory Considerations, Antitrust Concerns, And Best Practices, Phillip Z. Yao
Mergers Between Higher Education Institutions: Regulatory Considerations, Antitrust Concerns, And Best Practices, Phillip Z. Yao
The Journal of Law and Education
No abstract provided.
Title Ix: Risky Business?, Perry A. Zirkel
Title Ix: Risky Business?, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
The Real Deal With Declining Enrollment In Higher Education, Kathleen Conn
The Real Deal With Declining Enrollment In Higher Education, Kathleen Conn
The Journal of Law and Education
No abstract provided.
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Indiana Law Journal
As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …
Recent Decisions - Lower Federal Courts And State Courts
Recent Decisions - Lower Federal Courts And State Courts
The Journal of Law and Education
No abstract provided.
Recent Decisions - Supreme Court Decisions
Recent Decisions - Supreme Court Decisions
The Journal of Law and Education
No abstract provided.
Redesigning Education Finance: How Student Loans Outgrew The “Debt” Paradigm, John R. Brooks, Adam J. Levitin
Redesigning Education Finance: How Student Loans Outgrew The “Debt” Paradigm, John R. Brooks, Adam J. Levitin
Georgetown Law Faculty Publications and Other Works
This Article argues that the student loan crisis is due not to the scale of student loan debt, but to the federal education finance system’s failure to utilize its existing mechanisms for progressive, income-based payments and debt cancellation. These mechanisms can make investment in higher education affordable to both individuals and the government, but they have not been fully utilized because of the mismatch between the current system’s economic reality and its legal, financial, and institutional apparatus.
The current economic structure of federal student loans does not resemble a true credit product, but a government grant program coupled with a …
Title Ix And The Failure Of Due Process, Kenneth Lasson
Title Ix And The Failure Of Due Process, Kenneth Lasson
Cardozo Journal of Equal Rights & Social Justice
The article examines the challenges in implementing Title IX, focusing on its failure to ensure due process, particularly in cases involving sexual misconduct allegations. It highlights how the Trump administration's policy changes have attempted to address these issues but have also faced criticism for potentially undermining protections against discrimination.
Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks
Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks
Cardozo Journal of Equal Rights & Social Justice
The article critiques federal education policies such as No Child Left Behind (NCLB), Common Core, and the Every Student Succeeds Act (ESSA) for failing to address educational inequities, particularly for minority students. It argues that these policies, despite their intentions, have not effectively closed the achievement gap and have often exacerbated existing disparities. The article proposes a new approach emphasizing school choice and improved public transportation to foster socio-economic and racial integration in schools.
The Eleventh Circuit Permits Schools To Submit Unfinished Homework In L.J. Ex Rel. N.N.J. V. School Board Of Broward County By Requiring Only "Material" Implementation Of Ieps For Students With Disabilities, Madeline E. Smith
Villanova Law Review (1956 - )
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
C-DRUM Publications
Baltimore City Public Schools (City Schools) and other school districts across the United States are implementing restorative practices (RP) to improve school climate by building meaningful relationships in school communities, reframing school discipline, and supporting student safety, well-being, and success. This transformational approach centers student voice and agency, and enhances students’ engagement and participation in their own learning. The Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law and Open Society Institute – Baltimore (OSI) collaborated to create The Restorative Practices in Baltimore City Public Schools: Research Updates and Implementation Guide. The purpose of …