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Articles 1891 - 1920 of 6059

Full-Text Articles in Education Law

Lower Federal Courts And State Courts: Elementary And Secondary Education, Universities And Other Institutions Recent Cases And Commentary Oct 2016

Lower Federal Courts And State Courts: Elementary And Secondary Education, Universities And Other Institutions Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.


Kentucky's New Law Forces Students To Re-Enroll In High School, Alyssa Hare Oct 2016

Kentucky's New Law Forces Students To Re-Enroll In High School, Alyssa Hare

The Journal of Law and Education

No abstract provided.


The Sexting Epidemic: What Can Teachers Do To Prevent Disruptions In School Caused By Sexting, Ashley Powell Oct 2016

The Sexting Epidemic: What Can Teachers Do To Prevent Disruptions In School Caused By Sexting, Ashley Powell

The Journal of Law and Education

No abstract provided.


Affirmative Action Returns To The Supreme Court, Charles J. Russo Oct 2016

Affirmative Action Returns To The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.

Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016) …


Commentary: Primary And Secondary Education, Universities And Other Institutions Recent Cases And Commentary Oct 2016

Commentary: Primary And Secondary Education, Universities And Other Institutions Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.


Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel Oct 2016

Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel

Cardozo Law Review

The article argues that free-range parenting, a child-rearing philosophy emphasizing independence and autonomy for children, is increasingly under attack by legal and child protective systems despite its benefits. While the Supreme Court has recognized parents' fundamental liberty interests in raising their children, these rights are often unenforced in cases involving free-range parents. The article contends that state interventions in such cases frequently fail to meet the strict scrutiny required by the Constitution, undermining parental autonomy and family integrity.


Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley Oct 2016

Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley

Cardozo Law Review

No abstract provided.


Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas Sep 2016

Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas

Nevada Supreme Court Summaries

The Court determined that (1) Article 11, Section 1 of the Nevada Constitution does not limit the Legislature’s discretion in encouraging other methods of education, and based on this, the Education Savings Account (“ESA”) program is not contrary to Article 11, Section 2 which requires the Legislature to “provide for a uniform system of common schools”; and that (2) the funds deposited in the education savings account are not “public funds” subject to Article 11, Section 10; and finally that (3) the ESA program violates the mandate under Section 2 and 6 to fund public education because SB 302 does …


Lotteries As A Voluntary And "Painless" Tax In American Gaming Law And The Prospect Of Creating A Federal Lottery To Reduce The Federal Deficit In The Era Of Billion Dollar Jackpots, Stephen J. Leacock Sep 2016

Lotteries As A Voluntary And "Painless" Tax In American Gaming Law And The Prospect Of Creating A Federal Lottery To Reduce The Federal Deficit In The Era Of Billion Dollar Jackpots, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan Sep 2016

Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan

Nevada Law Journal

No abstract provided.


Fair Share Fees, Teacher Unions, And The Supreme Court, Charles J. Russo Sep 2016

Fair Share Fees, Teacher Unions, And The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

Disputes over whether teachers who are not union members must pay for the benefits they receive under their bargaining contracts have been litigated for almost 40 years. Amid conflict over the ability of teachers’ unions to collect fair share fees from nonmembers, the Supreme Court re-entered the controversy in Friedrichs v. California Teachers Association (2016), leaving the door open to future litigation on the status of fair share fees.


On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport Sep 2016

On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport

Nevada Law Journal

No abstract provided.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer Sep 2016

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …


In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman Aug 2016

In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman

Seton Hall Circuit Review

No abstract provided.


One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman Aug 2016

One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman

University of Miami Law Review

Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.

This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …


“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox Aug 2016

“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox

University of Miami Race & Social Justice Law Review

No abstract provided.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy Jul 2016

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Seattle University Law Review

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …


Recent Decisions: Textbooks For Parochial Schools Jul 2016

Recent Decisions: Textbooks For Parochial Schools

The Catholic Lawyer

No abstract provided.


Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees Jul 2016

Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees

The Catholic Lawyer

No abstract provided.


Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education Jul 2016

Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education

The Catholic Lawyer

No abstract provided.


Right To Travel; Aid To Education; Law And Morals; Religious Liberty; Obscenity And The Law; Segregation; Divorce And The Catholic Attorney; Jul 2016

Right To Travel; Aid To Education; Law And Morals; Religious Liberty; Obscenity And The Law; Segregation; Divorce And The Catholic Attorney;

The Catholic Lawyer

No abstract provided.


Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J. Jul 2016

Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.

The Catholic Lawyer

No abstract provided.


Professional Editorial Board Jul 2016

Professional Editorial Board

The Journal of Law and Education

No abstract provided.


Experiences Of Academically Dismissed Black And Latino Law Students: Sterotype Threat, Fight Of Flight Coping Mechanisms, Isolation And Feelings Of Systemic Betrayal, Erin Cristina Dallinger-Lain Jul 2016

Experiences Of Academically Dismissed Black And Latino Law Students: Sterotype Threat, Fight Of Flight Coping Mechanisms, Isolation And Feelings Of Systemic Betrayal, Erin Cristina Dallinger-Lain

The Journal of Law and Education

No abstract provided.


Vouchering V. Vouchers For Students With Disabilities, Perry A. Zirkel Jul 2016

Vouchering V. Vouchers For Students With Disabilities, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Presering Public Values In The Private Sector: Unintended Consequences Or Vouching For Ableism-Free Schools, Stephen A. Rosenbaum Jul 2016

Presering Public Values In The Private Sector: Unintended Consequences Or Vouching For Ableism-Free Schools, Stephen A. Rosenbaum

The Journal of Law and Education

No abstract provided.


Elementary & Secondary Education Recent Cases And Commentary Jul 2016

Elementary & Secondary Education Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.


Article Abstracts Recent Cases And Commentary Jul 2016

Article Abstracts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.


Combating Cyberbullying: When Legislation Goes Too Far, Michelle Enoch Jul 2016

Combating Cyberbullying: When Legislation Goes Too Far, Michelle Enoch

The Journal of Law and Education

No abstract provided.


Table Of Contents Jul 2016

Table Of Contents

The Journal of Law and Education

No abstract provided.