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Articles 1501 - 1530 of 6059
Full-Text Articles in Education Law
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
Faculty Scholarship
For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …
Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias
Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias
Faculty Scholarship
Thank you, I am delighted to be here. When Professor Fisk and the editors of the Journal asked if I would be willing to give the Feller Lecture this year, I did not hesitate for a moment. It goes without saying that, for a labor law professor, to give a lecture that commemorates David Feller is truly a special honor. While I never had the chance to meet him, his work as an advocate and scholar serves as an example for everyone in the field. I am grateful to the Journal and to the Feller family for the opportunity to …
Copyrights In Higher Education: Motivating A Research Agenda, Jacob H. Rooksby
Copyrights In Higher Education: Motivating A Research Agenda, Jacob H. Rooksby
Law Faculty Publications
The Bayh–Dole Act of 1980 enabled American universities to engage in technology transfer. Thirty years of research has investigated the legislation’s effectiveness and derivative university practices, such as the establishment of technology transfer offices. Unfortunately, the technology transfer literature has focused primarily on patenting as the primary transfer vehicle for protecting intellectual property in universities, overlooking other forms of IP ownership, such as copyrights. Legal scholarship shows, however, that universities are increasingly using copyrights to protect their intellectual property and that the number of university-held copyrights exceeds patents. This paper examines the use of copyrights to protect and transfer university …
There Isn't Any Dumpster, Jill C. Engle
There Isn't Any Dumpster, Jill C. Engle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two, Kyle Velte
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez
A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman
Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman
Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Federal Financing Of Higher Education At A Crossroads: The Evolution Of The Student Loan Debt Crisis And The Reauthorization Of The Higher Education Act Of 1965, Camilla E. Watson
Federal Financing Of Higher Education At A Crossroads: The Evolution Of The Student Loan Debt Crisis And The Reauthorization Of The Higher Education Act Of 1965, Camilla E. Watson
Scholarly Works
Currently, there are 44.2 million Americans holding student loan debt collectively totaling $1.5 trillion. This massive debt has a profound effect, not only on the lives of the debtors, but also on the national economy because it prevents the debtors from buying homes and cars and creating new businesses. This debt is also speculated to be a likely trigger for the next housing bubble because student loans, like the subprime mortgage loans underlying the 2008 financial crisis, are securitized and sold to investors. But many of those with student loans struggle to find jobs that will enable them to pay …
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Touro Law Review
No abstract provided.
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Touro Law Review
No abstract provided.
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Touro Law Review
No abstract provided.
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
Touro Law Review
No abstract provided.
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Why America Is Better Off Because Of The Americans With Disabilities Act And The Individuals With Disabilities Education Act, Peter Blanck
Touro Law Review
No abstract provided.
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Touro Law Review
No abstract provided.
Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano
Touro Law Review
No abstract provided.
Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss
Touro Law Review
No abstract provided.
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
Touro Law Review
No abstract provided.
Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen
Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen
Journal of Curriculum, Teaching, Learning and Leadership in Education
While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia …
On The Legal Regulation Of Electronic Education In The Republic Of Uzbekistan, A.Z. Karimov, N.N. Xikmatov
On The Legal Regulation Of Electronic Education In The Republic Of Uzbekistan, A.Z. Karimov, N.N. Xikmatov
Review of law sciences
The article deals with the current state of legal regulation of electronic education in the Republic of Uzbekistan. In connection with the rapid development of electronic networking technologies, it is proposed to strengthen the regulatory framework of the national education system by adopting the Law «On amendments to the Law of the Republic of Uzbekistan "On education"». The article has information about concept as blended learning, electronic training and distant education. Moreover, it offers an introduction of the blended and electronic training. Besides that, it provides the main advantages and shortcomings of such types of training.
In Translation: An Examination Of Esl Policy On Paper As It Relates To The Realities Of Implementation, Grace M. Cuevas
In Translation: An Examination Of Esl Policy On Paper As It Relates To The Realities Of Implementation, Grace M. Cuevas
Senior Honors Projects, 2010-2019
This honors research project explores the features of Title III requirements as they relate to the actual experience of students and their families. This paper synthesizes my experience researching English as a Second Language (ESL) specific supports and policy to inform my time spent accompanying an upper-level administrator for the Harrisonburg City Public School (HCPS) system, and interviewing professionals at an area school. In this paper I outline the results of interviews with 13 service providers. Interviews examined the “letter of the law” and the subsequent “spirit of the law” through application of a social work lens to the different …
Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman
Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman
Washington and Lee Law Review Online
Ongoing education reform litigation arising out of Detroit, Michigan presents an innovative claim: Children have an unenumerated federal constitutional right of access to literacy. On June 29, 2018, the district court granted defendants’ motion to dismiss. The case is now on appeal to the Sixth Circuit and is expected to be argued in the first half of 2019. This litigation has already broken new ground and, regardless of the ultimate outcome, it is valuable because it invites us to revisit fundamental questions about rights, remedies, and the role of courts in education reform.
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Fordham Law Review
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …
Sb 339 - Education, Daniel F. Barrett, Alexander Hegner
Sb 339 - Education, Daniel F. Barrett, Alexander Hegner
Georgia State University Law Review
The Act amends the statutes in the Georgia Code applicable to the University System and Board of Regents statutes in the Georgia Code. It adds new sections that place affirmative requirements on the Board of Regents to adopt and publish new policies, which aim to encourage the dissemination of free speech across university campuses. Further, the Act directs that universities must implement disciplinary sanctions for anyone subject to the jurisdiction of the University System who interferes with the free speech of invited speakers and others on campus. Finally, the Board of Regents must publish annual reports regarding any barriers to …
The Purpose (And Limits) Of The University, John Inazu
The Purpose (And Limits) Of The University, John Inazu
Utah Law Review
Scholars of the university have produced volumes about growing pressures on the coherence and purpose of institutions of higher education. Meanwhile, legal scholars’ writing about the university has typically focused on its First Amendment dimensions. This Article links insights from these two groups of scholars to explore the purpose of the university and defend it against increasing technological, ideological, and cultural pressures. It argues that a better understanding of the relationship between the First Amendment and the university can help strengthen the coherence of the university’s purpose against these pressures. The connection between the First Amendment and institutional purpose is …
Preparing For The Apocalypse: A Multi-Prong Proposal To Develop Countermeasures For Chemical, Biological, Radiological, And Nuclear Threats, Constance E. Bagley, Anat Alon-Beck
Preparing For The Apocalypse: A Multi-Prong Proposal To Develop Countermeasures For Chemical, Biological, Radiological, And Nuclear Threats, Constance E. Bagley, Anat Alon-Beck
Cardozo Law Review
The false alarm of a Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nationwide integrated defense of health countermeasures initiative (DHCI). DHCI is a multi-prong program to create a defensive triad comprising government, private industry, and academia to develop countermeasures for health threats posed by chemical, biological, radiological, and nuclear (CBRN) attacks. Key elements of our proposal include the use of the government's Other Transaction Authority to simplify procurement arrangements, the establishment …
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Duke Law & Technology Review
The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …
The Epidemic Of Higher Levels Of Depression And Anxiety In Each Successive Generation Of Youth: Proposed Causes, Detrimental Effects, And The Introduction Of Positive Psychology In The Classroom, Rosemarie Parasole
Florida Law Review
The past few decades have witnessed a major increase in each successive generation of youth reporting higher levels of mental illness. The detrimental effects of mental disorders, including depression and anxiety, demand a solution that addresses a change in thinking and wellbeing among youth. Research illustrates the substantial impact the teachings of positive psychology have on developing minds. Additionally, positive psychology addresses and attempts to remedy many of the proposed factors contributing to youth depression and anxiety. This Note calls for legislation to introduce positive psychology classes on a statewide level within the K–12 curriculum in all Florida public schools.