Education Law Commons^™

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Naomi Grace Hodo Walker, Brian Flaherty

The Journal of Law and Education

No abstract provided.

Societal Concerns Over The Drug Epidemic Have Turned America's Public Schools Into Constitutional Dead Zones, Sarah Catherine V. Gibson

The Journal of Law and Education

No abstract provided.

The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.

It Takes A Special Person To Raise A Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped For Children With Autism, Alexandra Debenedictis

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's current family regulation systems, including the Family Court Act (FCA) and the Administration for Children’s Services (ACS), are inadequately equipped to protect children with autism in foster care. These systems fail to address the unique needs of autistic children, leading to increased vulnerability to abuse, neglect, and prolonged stays in foster care. The note proposes reforms to improve monitoring, education, and resource accessibility to better safeguard these children.

200 Years In Review: Education And The Mississippi Constitution, Wendy Scott

MC Law Review

No abstract provided.

Emerging School Finance Litigation In Mississippi, Lajuana Davis

MC Law Review

This year marks the twentieth anniversary of the implementation of Mississippi's education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the …

It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain

MC Law Review

The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …

The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.

MC Law Review

The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …

Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Global Strategies For Addressing Communication Disorders In Justice-Involved Youth, Sophia Martinez, Anne Marie Perrotti, Brooke Baker, Allison Chappell

Undergraduate Research Symposium

Throughout all stages of processing, most juveniles who encounter the justice system demonstrate cognitive-communicative difficulties (CCDs). Empirical evidence reveals that 19-22% of female and 28-38% of male youth offenders, culminating in approximately 50-60% of youth offenders, demonstrate language disorders that require intervention, but most have never received services (Snow et al., 2014; Winstanley et al., 2021). Speech-language pathologists (SLPs) are communication experts certified to assess and treat CCDs. While nations abroad recognize the value of SLP involvement in all stages of processing for justice-involved youth (JIY), America lags in utilizing SLPs to improve JIY outcomes and lower youth's risk of …

Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith

Washington Journal of Social & Environmental Justice

No abstract provided.

Her Seat At The Table: A Phenomenological Study Exploring The Lived Experiences Of Black Women Education Policymakers, Vickey R. Silas

LSU Doctoral Dissertations

ABSTRACT

This transcendental phenomenological study explored the lived experiences of Black women leaders as education policymakers to understand the essence of their journey to leadership positions and the impetus behind their decision-making. Despite progress, Black women remain marginalized and underrepresented in policymaking leadership roles and decision-making spaces (Griffin et. al, 2013). They face challenges that are intersectional like gender and race. My research question was what are the lived experiences of Black women education policymakers and how do these experiences impact their decision-making? While employing a transcendental phenomenological approach, I acknowledged my biases through reflexivity and bracketed them while also …

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.

For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …

Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson

University of Cincinnati Law Review

No abstract provided.

“It's The Commonwealth's Attempt To Censor . . . What We Teach”: Anti-Lgbtqia2s+ Educational Policy Influences On Rural Secondary Ela Teacher Practices, Josh Thompson, Clint Whitten, Karin Kaerwer

Virginia English Journal

The shift in political landscape in Virginia from former Democratic Governor Ralph Northam to current Republican Governor Glen Youngkin influenced educational policies in the commonwealth. Waving the banner of parental rights, the Youngkin administration began targeting LGBTQIA2S+ students and educators through legislation and policies such as SB 656 and Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. To understand the influence on rural school districts, this study asked how rural secondary English Language Arts educators understand and respond to these anti-LGBTQIA2S+ policies as well as the ways in which those educators …

Rereading Pico And The Equal Protection Clause, Johany G. Dubon

Fordham Law Review

More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …

School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall

Mercer Law Review

America’s transgender youth are entrenched in a nationwide mental health crisis. A majority of transgender teenage boys have attempted suicide at least once, and roughly a third of transgender teenage girls have done the same. To mitigate this national emergency, many public school districts have begun requiring their teachers to use transgender students’ preferred names and pronouns. Many conservatives, however, insist that such rules violate the First Amendment’s prohibition of compelled speech.

This article thoroughly dissects that argument and exposes its flaws. It examines the compelled‑speech objection through the lens of the government speech doctrine, weighs countervailing academic‑freedom concerns, proposes …

Addressing Educational Inequality In The United States: A Comparative Approach To The European System, Yi-Sheng Liu

Marquette Benefits and Social Welfare Law Review

This study compares educational inequality in the U.S. and Europe. Utilizing a comparative approach based on the Positive Obligations of the European Convention on Human Rights and the Fourteenth Amendment to the U.S. Constitution, we expand on social contexts and objective facts to address how the U.S responds to educational inequality issues in contemporary constitutional interpretation (digital transformation and disparity, for example). We examine emerging issues in social change and expectations and discuss the rationale for constitutional legal norms to explain how these contribute to constitutional change. We suggest that the nation’s confrontation with educational inequality should be guided by …

Deny, Defund, And Divert: The Law And American Miseducation, Janel A. George

Georgetown Law Faculty Publications and Other Works

Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund public schools disproportionately attended by Black children, and divert many Black educators away from the public education system. This Article draws a through-line between laws enacted to prevent desegregation in the aftermath of the Brown v. Board of Education ruling—an era known as massive resistance—and recently …

Covid, Contracts, And Colleges, John K. Setear

West Virginia Law Review

No abstract provided.

Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes

Seton Hall University Dissertations and Theses (ETDs)

School safety is a topic of concern across the nation today because images of mass shootings and violence in schools receive heavy media coverage. Different strategies have been enacted to keep people safe including metal detectors, video surveillance, strict discipline policies, and armed personnel. Some of these strategies such as zero tolerance policies and school resource officers have received scrutiny from activist groups such the American Civil Liberties Union because they are attributed with the trend known as the school-to-prison pipeline (ACLU, 2013). This trend poses that strict policies and the presence of law enforcement in schools pushes minority children …

The Music & Movement: Race, Rhythm, And Social Justice, Renee N. Allen Assoc. Prof. Of Law

Vanderbilt Journal of Entertainment & Technology Law

From Billie Holiday's "Strange Fruit" to Public Enemy's "Fight the Power" to J. Cole's "Be Free," music has played a vital role in energizing social justice movements and elevating the legal and social issues facing Black people. An examination into the legal, historical, and social contexts for the music created during ten key movements in Black history reveals the role of lyrics and rhythm. Through the lens of music, ten movements-Freedom, Lynching, the Great Migration, Civil Rights, Black Power, Black Feminism, Police Brutality, Mass Incarceration, Black Love, and Black Lives Matter-demonstrate that Black music is more than entertainment. It is …

Faculty Handbook As Contract, Karen Halverson Cross

Cardozo Law Review

Colleges and universities, like other employers, typically have in place policies that govern the employment relationship with their faculty. Many such policies—policies against employee misconduct or policies on accommodations for persons with disabilities—are comparable to what employees might encounter outside of academia. Most higher education institutions also have in place policies that are more unique to academia, such as policies establishing shared governance bodies, affirming academic freedom as a core value, or outlining procedures on the granting and revocation of faculty tenure. These faculty policies may be aggregated in a faculty handbook, published separately on the institution’s web site, or, …

Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi

International Review of Humanities Studies

Indonesia has been chosen to host the G20 summit in Bali in November 2022. Indonesia has prepared many agendas ahead of the execution of this summit. This preparation concerns the technical implementation of multilateral relations, which have undergone significant changes due to the COVID-19 pandemic. Furthermore, Indonesia needs help hosting the G20 due to the fractured multilateral relations of several G20 member countries caused by the Russia-Ukraine conflict in early 2022. As a result, Indonesia must mediate between the disputing parties to resolve this issue by selecting appropriate communication methods. Cultural diplomacy is one approach. Cultural diplomacy is a non-coercive …

The Semantic Field Of “Love” In Javanese Language, Larasati Mauli Amane Hendryanto, Widhyasmaramurti Widhyasmaramurti

International Review of Humanities Studies

This research delves into the extensive lexicon of the Javanese language, specifically focusing on expressions related to feelings of love. The presence of multiple Javanese lexicons denoting love poses a significant challenge, prompting the central question: What are the semantic nuances that distinguish each lexicon, given the absence of absolute synonyms? The research aims to elucidate the semantic fields that differentiate each love-related lexicon in Javanese. Data for this research is drawn from four distinct Javanese dictionaries, spanning various publication periods. Additionally, the study incorporates diverse data sources, including a book titled "Antologi Cerita Pendek Bahasa Jawa di Yogyakarta …

The Manifestation Of Misogyny In The Pick Me Boy Trend On Tiktok Indonesia, Ying Wang, Mina Elfira

International Review of Humanities Studies

Misogyny is hatred, contempt, or prejudice against women or girls. It is a form of sexism used to keep women in a lower social status than men, thereby maintaining patriarchal social roles. Hegemonic masculinity is the most exalted configuration of gender practices that legitimizes patriarchy. This article draws on the framework of Raewyn Connell's theory of masculinity and Kate Manne's concept of misogyny to discuss the phenomenon of Indonesian TikTok videos with the hashtag “Pick Me Boy” or #Pick Me Boy. Pick Me Boy challenge traditional masculinity to gain women's attention, and then demean women if rejected. This article uses …

Debating Migrants In Korean Multiculturalism, Amelia Burhan, Ph.D

International Review of Humanities Studies

The concept of multiculturalism has become a keyword of contemporary Korean society. The influx of migrants has made Korea could not escape becoming an ethnically diverse nation and a multicultural society. This study aims to understand the concept of Korean multiculturalism through migrant workers and marriage migrants by examining their life in Korea including what kind of issues the migrants have been encountered and how was the effort of Korean government in tackling those issues. It found that the government occupied an important position in leading multiculturalism in Korea as it was the one who promoted Korea's moving towards multiculturalism …

Absent But Present: Propaganda Strategies Of The Japanese Occupation In Indonesia As Narrated In Kamishibai In Djawa Baroe Magazine, Rouli Esther Pasaribu

International Review of Humanities Studies

This paper investigated the propaganda strategies in kamishibai (a paper play) story telling in Djawa Baroe Magazine. This study employed text analysis methods and propaganda theories from Jowett and Donnell on the seven kamishibai and found the following propaganda strategies. First, Western powers were portrayed negatively. Second, Japan was not explicitly featured in kamishibai stories. Third, local cultural elements in Javanese culture were used to convey propaganda messages. These findings indicate that entertainment media, such as kamishibai, can be used as propaganda media and subtly inserted using specific trivial strategies.

The Concept Of The Devarāja In Leadership At The Royal Palace Of Yogyakarta, Ghilman Assilmi

International Review of Humanities Studies

The Yogyakarta Palace is one of the Islamic sultanates that still exists in Indonesia. Even though the Yogyakarta Palace has an Islamic style and has been influenced by modernization which has penetrated aspects of state and society, the embodiment of the God-King concept from ancient Hindu eras remains embedded in the power of the king, state life, and the obedience of the surrounding community to the palace system. This paper has a problem regarding how to apply the concept of politics and power in the Yogyakarta Palace. A historical approach is used to reveal the meaning of the palace in …