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Articles 1171 - 1200 of 6059
Full-Text Articles in Education Law
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara
Articles
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …
Deficit Frame Dangers, Jonathan Feingold
Deficit Frame Dangers, Jonathan Feingold
Faculty Scholarship
Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice.
Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. …
Massive Resistance--The Remix: Anti-Black Policymaking And The Poisoning Of U.S. Public Education, Janel George
Massive Resistance--The Remix: Anti-Black Policymaking And The Poisoning Of U.S. Public Education, Janel George
Georgetown Law Faculty Publications and Other Works
What is occurring today in state legislatures and school boards around the country—under the guise of conservative attacks on Critical Race Theory—is merely a remix of the same song of white supremacy in public education. This nation has witnessed the impact of legislative campaigns designed to undermine educational opportunity for Black students before. This article applies a Critical Race Theory approach to analyze the role of law and policy in replicating racial inequality in education. This article asserts that policymakers seeking to preserve white supremacy in education have invoked three primary legislative tactics over the years: (1) denying; (2) defunding; …
Restoring Student Press Freedoms: Why Every State Needs A 'New Voices' Law, Clare R. Norins, Taran Harmon-Walker, Navroz Tharani
Restoring Student Press Freedoms: Why Every State Needs A 'New Voices' Law, Clare R. Norins, Taran Harmon-Walker, Navroz Tharani
Scholarly Works
Scholastic journalists across America have long provided vital reporting, commentary, and fresh perspective on issues of public concern to their readers. Never has this been more true than in the current age of dwindling print media, where scholastic journalists at both the high school and post-secondary levels are stepping in to populate what would otherwise be news deserts. Yet the Supreme Court’s decision in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), allows school officials to censor both the content and style of school-sponsored media without offending the First Amendment. This essay traces the history of student speech rights …
The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields
The Discounted Labor Of Bipoc Students And Faculty, Taleed El-Sabawi, Madison Fields
Faculty Publications
Black Law Students experienced a different COVID-19 pandemic than their majority counterparts due in part to the emotional and physical toll caused by the violent, public mistreatment of Black persons at the hands of law enforcement. While some law faculty at some institutions were proactive in identifying the struggles that their Black students were facing, most law faculty and administrators did nothing—prompting Black students to take time away from their studies to organize, draft letters, gather signatures, and have very uncomfortable conversations with university administrators and faculty about the need for change. Meanwhile, Black faculty and faculty of color, who …
When Virtual Discipline Becomes Virtual Suspension: Protecting The Due Process Rights Of Virtual Learners, Peggy Nicholson
When Virtual Discipline Becomes Virtual Suspension: Protecting The Due Process Rights Of Virtual Learners, Peggy Nicholson
Faculty Scholarship
It is well established that public school students do not shed their constitutional rights at the schoolhouse door. But what about when the “schoolhouse door” is a computer screen, with students entering and exiting the learning environment from the comfort of their homes through an internet-enabled device? The rise of virtual learning, expedited by the COVID-19 pandemic, raises questions about when and how constitutional rights apply to public school students in the virtual setting. This Paper examines one of those constitutional questions, by exploring the application of procedural due process to the emerging practice of virtual discipline. The Due Process …
Discipline In North Carolina’S Charter Schools, Peggy Nicholson, Ryan Yang, Richard Yang
Discipline In North Carolina’S Charter Schools, Peggy Nicholson, Ryan Yang, Richard Yang
Faculty Scholarship
No abstract provided.
Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres
Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres
Faculty Scholarship
The spring of 2020 saw waves of protest as police killed people of color. After George Floyd’s death, protests erupted in over 140 cities. The systemic racism exhibited by these killings has been uncontrollable, hopeless, and endless. Our country is facing a national crisis. In response to the police killings, businesses, schools, and communities held diversity workshops across the nation, and businesses and organizations posted antiracism statements. Legislators and City Councils introduced bills and orders to defund police and to limit qualified immunity. As schools prepared for the fall semester, teachers considered ways to incorporate antiracism materials into the curriculum. …
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
FIU Law Review
No abstract provided.
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
FIU Law Review
No abstract provided.
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
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.