Education Law Commons^™

Education: Constitutional Democracy's Predicate And Product, Martha Minow

South Carolina Law Review

No abstract provided.

An Analysis Of Who Funds And Who Benefits From The Carolina Education Lotteries, Mary Reagan Crosby

South Carolina Law Review

No abstract provided.

Inoculating The Next Generation Of Lawyers: Mandating Substances Use And Mental Health Education For Law Students, Janet Stearns

Articles

No abstract provided.

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia M. Gipson Rankin

The Journal of Law and Education

No abstract provided.

How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.

The Title Ix Pendulum: Taking Student Survivors Along For The Ride, Keeley B. Gogul

University of Cincinnati Law Review

No abstract provided.

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake

Brigham Young University Journal of Public Law

No abstract provided.

Thurgood Marshall Memorial Lecture Series: "A Roadmap To Educational Excellence And Equity For Rhode Island 03-03-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Sb 47: Eligibility Expansion For The Georgia Special Needs Scholarship Program, Saskia Olczak, Baker Swain

Georgia State University Law Review

The Act expands the eligibility requirements for the Georgia Special Needs Scholarship Program. The Act removes the requirement of having to reside in Georgia for one year before becoming eligible for the Scholarship. Further, the Act requires the Georgia Department of Education to conduct annual surveys of parents whose children participate in the Scholarship to increase transparency and facilitate budget allocation.

Will Due Process Be Returned To Academic Suspension?: An Analysis Of Academia's Rejection Of The Title Ix Final Rule, Andrew F. Emerson

Catholic University Law Review

In 2011, the Department of Education ("DOE") under the Obama administration issued its Dear College Letter ("DCL") ordering publicly funded educational institutions to undertake aggressive actions to deter what was deemed an epidemic of sexual violence on college campuses. DOE subsequently aggressively enforced the directives of the DCL with scores of costly investigations of college disciplinary systems and threatened withdrawal of federal funding for institutions that failed to respond to sexual harassment claims aggressively. Hundreds of lawsuits followed in the wake of the DCL's issuance. Specifically, the flood of litigation was initiated by males contending they were briskly expelled, suspended, …

Best Practices For Oer In Canada: A Fresh Look At Fair Dealing For Educational Use, Carys Craig

Conference Papers

This presentation was delivered online as part of an event held on 23 February 2022 as part of Fair Dealing Week 2022. This event was co-hosted by the Alberta Copyright Consortium (The University of Alberta, the University of Calgary, Mount Royal University and the Northern Alberta Institute of Technology) and the Lower Mainland Copyright Consortium (Capilano University, Douglas College, the Justice Institute of BC, Simon Fraser University, and the University of British Columbia), along with the participation of the Canadian Association of Research Libraries.

"Trumping" Affirmative Action, Vinay Harpalani

Villanova Law Review (1956 - )

No abstract provided.

The Constitutional Right To Carry Firearms On Campus, Jared A. Tuck

William & Mary Law Review

Do individuals have the fundamental right under the Second Amendment to carry firearms on the campus of a public university? Additionally, can a public university totally ban firearms on its campus without impeding on the constitutional right to keep and bear arms protected by the Second Amendment? This Note will argue that individuals have a narrow, but constitutionally guaranteed, right to carry firearms on the campus of a public university. Therefore, it is beyond the power of states and public universities to totally ban firearms from campus premises.

The Revival Of Student Loan Discharge In Bankruptcy By The Tenth And Second Circuits, Biqi Chen

Cardozo Law Review

No abstract provided.

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Freedom, Democracy, And The Right To Education, Derek W. Black

Northwestern University Law Review

While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing—a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to education resides in America’s education story during the era of slavery and Reconstruction.

At that time, education was first and foremost about freedom. The South had criminalized education to maintain a racialized hierarchy that preserved slavery. Many African-Americans, seeing education as the means to both mental and physical freedom, made extraordinary …

The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education, Todd C. Peppers

Scholarly Articles

In October Term 1954, the Supreme Court heard oral arguments regarding the implementation of the Brown decision. The resulting opinion is commonly referred to as “Brown II.” In his unanimous opinion, Chief Justice Earl Warren ordered local school districts to desegregate their schools “with all deliberate speed.” Supporters of immediate integration were dismayed by the vague language, which ultimately allowed southern states to use a variety of tactics to deliberately evade and resist the Court’s mandate that public schools be desegregated.

What has been forgotten in the discussion of Brown II and the “all deliberate speed” standard is that …

Brown'S Children's Rights Jurisprudence And How It Was Lost, Catherine E. Smith

Scholarly Articles

The first decision in Brown v. Board of Education is a landmark children's rights case that has been lost. After all, segregated education was not sui generis; free and independent Black children in the United States had always been perceived as a significant threat to White supremacy, just as their subjugation had always been a powerful and effective means to uphold it. In an unprecedented move to address this age-old practice, Brown I recognized Black children's right to protect themselves from government exploitation that targeted them because they were Black and young-erecting barriers in their equal path to adulthood in …

Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty, Briana Rosenbaum

Scholarly Works

Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, “the Board of Regents” refused to change its policy and “the University” denied a person’s application.

But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …

Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty Before Brown V. Board Of Education, Briana Lynn Rosenbaum

Tennessee Law Review

Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, "the Board of Regents" refused to change its policy and "the University" denied a person's application.

But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …

Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System, Brian Boggs

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Assault On Critical Race Theory As Pretext For Populist Backlash On Higher Education, Danielle M. Conway

Faculty Scholarly Works

The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump’s white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on to the populist, among other messages, “The Big Lie,” the rightwing is committed to a coordinated strategy of attacking and delegitimizing democratic institutions for the purpose of retaining economic and political power.

The attack on Critical Race Theory (“CRT”) is one element of the …

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

Faculty Scholarship

Abstract

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement’s presence squarely in the racist history of policing and school policing, the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools …

First Do Not Harm: Revisiting Meriwether V. Hartop And Academic Freedom In Higher Education, Inara Scott, Elizabeth Brown, Eric Yordy

American University Law Review

repeal and amend substantive statutes unilaterally, a power that can threaten bedrock commitments to our federalism and to our constitutional rights to the jury. The decisions about how and when to displace state law in favor of federal law and about how and when to grant powers to juries over judges cannot be vested in the Judicial Branch alone without the structural restraints of an Article III “case or controversy.” The paper concludes by offering some ways to fix our evidence law and to put it on firmer footing, permitting better power-sharing and dialogue between two branches of government—Congress and …

The Mental Health Crisis On Campus: Liability Implications Of Using Emerging Technology, Betsy J. Grey

American University Law Review

Institutions of higher education are facing a “mental health crisis.” Students are experiencing high rates of mental health issues, exacerbated by the pandemic. At the same time, the severity of psychological disorders is accelerating among students. These developments have put enormous pressure on traditional university support systems, and schools have turned to new technologies, like online mental health resources and monitoring systems using artificial intelligence, to expand their mental health services. This article explores the liability implications of using these emerging technologies to address these escalating needs. Universities offer mental health services in good faith to help their students succeed, …

Hostile Learning Environments, The First Amendment, And Public Higher Education, Todd E. Pettys

Connecticut Law Review

The Supreme Court has never squarely addressed the First Amendment status of student-on-student verbal harassment at public institutions of higher education. Does the First Amendment permit public colleges and universities to discipline students on the grounds that their speech has created a hostile learning environment for others on campus? If so, what is the analysis underlying that constitutional judgment, and what are the requisite hallmarks of such an environment? Does it matter whether a student’s speech created the hostile learning environment on its own or whether it wielded that power only by virtue of its combination with the speech of …

Children, Disability, And The Digital Classroom: Rethinking Access And Assistive Technology For Low-Income Children With Disabilities In The Digital Age, Ashley R. Nyce

Connecticut Law Review

As U.S. public schools increasingly incorporate digital learning tools at home, primary and secondary classrooms have come to transcend their traditionally brick-and-mortar walls. While these hybrid learning environments provide powerful spaces to build digital literacy skills, low-income children with disabilities—among the most vulnerable students in the U.S. education system—are increasingly left behind. Recent data suggest that children with disabilities, particularly low-income children with disabilities, are less likely than their peers to have the fundamental technology necessary to access classrooms’ increasingly digital spaces. This discrepancy exacerbates disparate outcomes between children with and without disabilities, as those with disabilities receive lower test …

The Great (Un)Equalizer: Education As A Fundamental Right, 55 Uic L. Rev. 803 (2022), Nicholas Kresl

UIC Law Review

No abstract provided.

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.