Education Law Commons^™

Education Connection: The Chilling Effects Of Student Immigration Tracking Systems Violate Plyler, Dan Baczynski

Children's Legal Rights Journal

No abstract provided.

Education Connection: Financial Education Leads To Better Financial Decisions, Lauren Goyette

Children's Legal Rights Journal

No abstract provided.

Opposing Views: The Divide In Public Education Funding – Property Tax Revenue, Magda Derisma

Children's Legal Rights Journal

No abstract provided.

Around The World: Illegal Immigrants And The Cost Of Higher Education In The U.K., Amanda M. Walsh

Children's Legal Rights Journal

No abstract provided.

Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl

Loyola University Chicago Law Journal

This Article is about “madness” in higher education. In Mad at School: Rhetorics of Mental Disability and Academic Life, Professor Margaret Price analyzes the rhetoric and discourse surrounding mental disabilities in academia. In this Article, I place Price’s work in a legal context, discussing why the Americans with Disabilities Act fails those with mental illness and why reform is needed to protect them. My own narrative as a law professor with Borderline Personality Disorder frames my critique. Narratives of mental illness are important because they help connect those who are often stigmatized and isolated due to mental illness and …

Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede

Faculty Scholarship

This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.

A Thought Experiment: Brown V. Board Of Education Of Topeka, Kansas, Louis Michael Seidman

The Modern American

No abstract provided.

Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Cyber Bullying And Free Speech: Striking An Age-Appropriate Balance, Raul R. Calvoz, Bradley W. Davis, Mark A. Gooden

Cleveland State Law Review

Cyber bullying has generally been dealt with by the courts using one of two legal analyses: the “true threats” doctrine, or the Tinker substantial disruption test. This law review, the Cleveland State Law Review, recently published Anti-Cyber Bullying Statutes: Threat to Student Free Speech (referred to herein as “the Threat to Speech article”), which addressed these two theories, and argued that the current evolution of cyber bullying legislation simply goes too far. For example, Hayward states Anti-cyber bullying laws are the greatest threat to student speech because they seek to censor it anytime it occurs, using “substantial disruption” of school …

The Promise And Pitfalls Of Empiricism In Educational Equality Jurisprudence, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

Although there are now laws on the books in virtually every jurisdiction aimed at addressing childhood obesity in K-12 schools, these efforts are inadequate and may even be misguided in important ways. Efforts aimed at health promotion - through healthier eating and increased physical activity - remain woefully underfunded even as they proliferate at every level of government. It is one thing to enact a requirement that all schools offer a minimum number of minutes of physical education each week or that school lunches include more fruits and vegetables. But it is quite another to make the budgetary commitment to …

University Imprimaturs On Student Speech: The Certification Cases, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

The Article begins in Part I by describing these three student speech cases and then examining what makes them a distinct category within the larger student speech landscape. As I discuss, the student speech framework was largely developed by the Supreme Court in the K-12 public school context. Conflicts over student speech in universities, in turn, have generally centered on the extent to which the K-12 framework should carry over to the higher education context, given the greater independence and maturity of university students. Recent cases about universities' ability to control student publications, for example, fall into this mold, with …

The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

This article proceeds in three parts. In Part I of this article, I provide a narrative of affirmative action jurisprudence in higher education, with a particular focus on the meaning of viewpoint diversity in higher education. This section tracks the definitional shift in preference policies from their original design as remedial and compensatory programs for those suffering the effects of educational discrimination to interest convergence programs, which assure equal benefits irrespective of race. In Part II, I explore the circumstances giving rise to Fisher, including an overview of the lower court decisions. This section presents a discussion of the likely …

Doing Affirmative Action, Stephen Clowney

Michigan Law Review First Impressions

Sometime this year the Supreme Court will announce its holding in Fisher v. University of Texas at Austin, a case that asks whether colleges may continue to consider race when making admissions decisions. Most Court watchers predict that the five conservative justices will vote to curtail the use of racial preferences. Lost in the weighty discussions about the scope of the Equal Protection Clause and the meaning of the Civil Rights struggle is any clear and concise explanation of how selective colleges actually make admissions decisions and how they work to fulfill the goals of affirmative action. This Essay seeks …

The Real Issue Behind Stanford V. Roche: Faulty Conceptions Of University Assignment Policies Stemming From The 1947 Biddle Report, Sean M. O'Connor

Michigan Telecommunications & Technology Law Review

The recent Supreme Court decision in Stanford v. Roche laid bare a faulty assumption of the federal research funding system. Government patent policy for federally funded research relies on "contractors"--the recipients of federal funding--to secure patent assignments from their employees. While this practice was routine for private firms and nonprofit research institutions, it was not for universities. This was in part based on the relationship of faculty and other researchers to universities that differed from industry employment relationships. The roots of this faulty assumption can be traced to the seminal 1947 Biddle Report. Detailed monographs drafted as appendices to the …

Back To The Future: The In Loco Parentis Doctrine And Its Impact On Whether K-12 Schools And Teachers Owe A Fiduciary Duty To Students, John E. Rumel

Articles

No abstract provided.

Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron

Faculty Works

When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …

Get On The Plane: Why Understanding The Israeli-Palestinian Conflict Is Best Done By Traveling There, Andrea Kupfer Schneider, Katie Lonze

Cardozo Journal of Conflict Resolution

International travel seems necessary for understanding international conflict and yet, bringing entire classes of students to the locus of the conflict can be daunting. This essay uses one such example of a class trip to demonstrate the potential learning that occurs with international travel and why, particularly when studying international conflict, onsite learning is crucial.

The genesis of this trip comes from the favorite learning experiences in college: two different international trips taken by author Andrea Schneider ("Andrea"). The first was during her junior year in a seminar on Greek-Turkish relations. The class traveled to both Greece and Turkey, meeting …

Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams

Nevada Law Journal

No abstract provided.

A Bibliography Of Title Ix Of The Education Amendments Of 1972, Christine Iaconeta Dulac

Faculty Publications

It has been thirty-five years since the passage of Title IX of the Education Amendment of 1972. Title IX provides that no person shall be excluded from participation in any educational program or activity that receives federal funding. This legislation is credited with bolstering the participation rates of girls and women in athletics. Although athletics are not explicitly addressed in the statutory language, Title IX requires schools to offer male and female students equal opportunities to play sports, to give male and female athletes their fair share of athletic scholarship money, and to treat male and female athletes equally in …

Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose

UIC Review of Intellectual Property Law

The First Amendment to the United States Constitution grants American citizens the right to free speech. However, in the case of college athletes, this right is not without limitation. In exchange for the privilege of participating in college level athletics, college athletes voluntarily agree to terms that restrict their abilities to speak freely, specifically in the context of social media platforms. This article details situations in which college athletes have made offensive statements via social media for which they later needed to delete, explain, and apologize. These examples support the notion that restrictions on college athletes’ speech are not only …

The Myth Of The "Full Ride": Cheating Our Collegiate Athletes And The Need For Additional Ncaa Scholarship-Limit Reform, Christopher Davis Jr., Dylan Oliver Malagrino

Oklahoma Law Review

The National Collegiate Athletic Association should amend Bylaw 15.1 and allow institutions to award athletic scholarship monies up to the institutionally set, estimated cost of attendance. NCAA Bylaw 15.1 limits an individual student-athlete’s athletic scholarships and other financial aid based on athletic ability to the value of a full grant-in-aid. The individual student-athlete scholarship limit is an arbitrary price cap and an unreasonable restraint of trade in violation of section 1 of the Sherman Act because it prevents student-athletes from receiving financial aid up to the institutionally set, estimated cost of attendance, which includes the additional expenses an institution deems …

Are Student Affairs Professionals “Educators?:” Student Affairs And The Scope Of The Educational Exemption Of Copyright Law, Dallas Long

Faculty and Staff Publications – Milner Library

Copyright is a critical, emerging issue in American higher education. Copyright restricts how educators use copyrighted materials in teaching activities. Although the fair use doctrine and the educational exemption in U.S. copyright law provide exceptions for educators, student affairs professionals might not meet the standards of the educational exemption. This paper serves as a primer on U.S. copyright law, the fair use doctrine, and the educational exemption. Analyses of case law suggest student affairs professionals should rely on the fair use doctrine rather than the educational exemption when using copyrighted materials for educational purposes.

No Jokes About Dope: Morse V. Frederick's Educational Rationale, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This piece begins with a “protective” reading of Morse v. Frederick, showing how this rationale provides a good starting point in understanding Morse but is ultimately incomplete. Indeed, Justice Stevens’ dissent is largely an argument that the protective rationale falls short here. I then re-examine Morse from the perspective of the educational rationale and conclude that the underlying, largely unstated premise of the Morse majority is that schools—as part of teaching students about the gravity of drug use—should be able to convey disapproval of messages suggesting that drug use is a joking or trivial matter. This helps to explain why …

Handbook Of Comparative Higher Education Law, Charles J. Russo

Educational Leadership Faculty Publications

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Educational Leadership Faculty Publications

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …

Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe

Cardozo Journal of Equal Rights & Social Justice

The article presents a comparative analysis of two marital property systems: California's community property system and the ancient Irish Brehon law. Despite their temporal and cultural differences, both systems remarkably recognize women's rights to own property, allow unilateral divorce, and value the economic contribution of wives. This comparison highlights progressive legal ideas and critiques the impact of colonialism on legal frameworks, particularly the erosion of Brehon law through cases like Gavelkind, which replaced it with English common law and undermined women's rights.

Students, Security, And Race, Jason P. Nance

UF Law Faculty Publications

In the wake of the terrible shootings in Newtown, Connecticut, our nation has turned its attention to school security. For example, several states have passed or are considering passing legislation that will provide new funding to schools for security equipment and law enforcement officers. Strict security measures in schools are certainly not new. In response to prior acts of school violence, many public schools for years have relied on metal detectors, random sweeps, locked gates, surveillance cameras, and law enforcement officers to promote school safety. Before policymakers and school officials invest more money in strict security measures, this Article provides …

Why Non-Discrimination Policies In Higher Education Require A Second Look: The Battle For First Amendment Freedom In The University Setting, Rebecca D. Ryan

Catholic University Law Review

No abstract provided.

Patent Variation: Discerning Diversity Among Patent Functions, Jessica Silbey

Faculty Scholarship

This Article describes and analyzes qualitative interview data collected over a five-year period. The goal of the interviews was to explore the roles of intellectual property (“IP”) in IP rich fields. Interviews were with diverse actors in a wide-range of industries: film, book publishing, visual arts, internet commerce, biology, engineering, chemistry, computer science. The data described and analyzed in this Article focuses on the specific question about the diverse functioning of patents in the subset of interviewees who are scientists and engineers, their lawyers and business partners. The Article proceeds in two parts. Part I describes the empirical dimension of …