Education Law Commons^™

Secretly Falling In Love: America's Love Affair With Controlling The Hearts And Minds Of Public School Teachers, Kristin D. Shotwell

The Journal of Law and Education

No abstract provided.

Federal Demand And Local Choice: Safeguarding The Notion Of Federalism In Education Law And Policy, Kamina Aliya Pinder

The Journal of Law and Education

No abstract provided.

Students Call For Influence In The Textbook Market, Rebekah Cotton

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Academic Freedom And Academic Responsibility, Nancy B. Rapoport

Scholarly Works

In this review of Matthew W. Finkin & Robert C. Post, For the Common Good: Principles of Academic Freedom (Yale University Press 2009), I examine Finkin & Post's study of academic freedom in U.S. higher education institutions and link the issues surrounding academic freedom to the issues surrounding shared governance. I argue that the problems with shared governance can create a race to the bottom in academic units.

How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …

Public Education, Local Authority, And Democracy: The Implied Power Of North Carolina Counties To Impose School Impact Fees, Michael F. Roessler

Campbell Law Review

This Article examines the authority of counties in North Carolina to impose fees such as those attempted in Durham and Union Counties and concludes, contrary to the decisions of the court of appeals, that counties do have the implied authority under existing law to impose such fees for the purpose of generating school construction revenue. This conclusion is reached not by a mechanistic application of rules of law, but with an application of the law that keeps in mind the aim of the North Carolina Constitution, the state's form of government, and the laws that distribute power to local governments. …

Decriminalizing Students With Disabilities, Dean Hill Rivkin

NYLS Law Review

No abstract provided.

Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson

NYLS Law Review

No abstract provided.

Illinois' Fitness Statute: Is It A Good Fit For Juvenile Court?, Rachel Tait

Public Interest Law Reporter

No abstract provided.

The School-To-Prison Pipeline: How Schools Are Failing To Properly Identify And Service Their Special Education Students And How One Probation Department Has Responded To The Crisis, Kristina Menzel

Public Interest Law Reporter

No abstract provided.

Cost-Effective Crime Prevention: Economic Analysis Of The Chicago Child-Parent Centers Early Education Program, Judy A. Temple, Barry A. White, Arthur J. Reynolds

Public Interest Law Reporter

No abstract provided.

Federalizing Public Education, Thomas Kleven

Villanova Law Review (1956 - )

No abstract provided.

Individualized Service Provision In The New Welfare State: Lessons From Special Education In Finland, Charles F. Sabel, Annalee Saxenian, Reijo Miettinen, Peer Hull Kristensen, Jarkko Hautamäki

Faculty Scholarship

The essay is four parts. Part 2 sets out the theoretical frame of the argument. It explains briefly why social solidarity increasingly depends on the provision of capacitating or enabling circumstances; why those services must increasingly be adapted to individual needs to be effective; and what is organizationally problematic (from the point of view of current theories of organization) about the success of countries such as Finland, Denmark and the US in delivering these services. It sketches two paths — a Nordic way, building on traditional professions, and a roundabout, US way, re-building broken bureaucracies originally intended as substitutes for …

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.

Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck

NYLS Law Review

No abstract provided.

Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim

NYLS Law Review

No abstract provided.

Controlling Partners: When Law Enforcement Meets Discipline In Public Schools, Lisa H. Thurau, Johanna Wald

NYLS Law Review

No abstract provided.

Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker

NYLS Law Review

No abstract provided.

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Russell J. Skiba, Suzanne E. Eckes, Kevin Brown

NYLS Law Review

No abstract provided.

The School-To-Prison Pipeline . . . And Back: Obstacles And Remedies For The Re-Enrollment Of Adjudicated Youth, Jessica Feierman, Marsha Levick, Ami Mody

NYLS Law Review

No abstract provided.

Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain

Articles by Maurer Faculty

Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.

On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …

Caught In A Time Warp: The Education Rights Of English Language Learners, Rosemary Salomone

Journal of Civil Rights and Economic Development

(Excerpt)

Although the United States has long experience in educating children from immigrant families, the role the home language should play in the education of those who are not proficient in English remains politically charged and unresolved. For the past four decades, since the first infusion of federal funds that support programs for what are now called "English Language Learners," this question has engaged educators, policy makers, and researchers in a heated debate centering on bilingual education versus English-Only instruction. The first approach generally uses the child's home language either as a transitional bridge to learning English or, less commonly, …

Recommendations Regarding Establishment Of A Mediation Clinic, Cynthia A. Savage

Cardozo Journal of Conflict Resolution

This article proposes utilizing consistent terminology and goals and recommends methods and approaches for effective design and implementation of supervised, hands-on, mediation training programs within conflict resolution graduate programs. Although law school programs are not addressed directly in this article and might differ in some respects as to their goals, effective methods and approaches will be much the same regardless of the setting.

Part I of this article will discuss terminology and propose a consistent clinic definition and clinic goals, and Part II will explore and make recommendations concerning clinic design. Part III will outline additional recommendations. Part IV provides …

Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab

Cornell Law Faculty Publications

No abstract provided.

New Directions In School Funding And Governance: Moving From Politics To Evidence, Benjamin Michael Superfine

Kentucky Law Journal

No abstract provided.

Foreword: Rights, Remedies, And Rose, Scott R. Bauries

Kentucky Law Journal

No abstract provided.

The Evolving Role Of The Courts In School Reform Twenty Years After Rose, William S. Koski

Kentucky Law Journal

No abstract provided.

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Journal Articles

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …