Education Law Commons^™

Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone

Cardozo Law Review

No abstract provided.

Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954, it failed to consider the long range implications of its mandate. School districts across the country responded to the Court’s order by adopting race-preference school assignment plans, created to designate the particular public elementary or secondary school a student should attend. Now that these plans have successfully achieved their goals of desegregating classrooms, the question has become whether the continuation of the very programs that helped achieve those goals remain legal? In other words, as Justice Ginsburg recently said in arguments before the Supreme Court, …

Outlawed And Exiled: Zero Tolerance And Second Generation Race Discrimination In Public Schools, Frances P. Solari, Julienne E.M. Balshaw

North Carolina Central Law Review

No abstract provided.

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski

Faculty Publications

This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.

Beyond The Schoolhouse Gate: Do Student First Amendment Rights Apply To Classroom Assignments?, Leora Harpaz

Faculty Scholarship

While it has long been apparent that the First Amendment protection for freedom of expression limits the discretion of public school teachers and administrators, it has been assumed that those limitations do not constrain equally all aspects of a school's operation. One area that has seemed somewhat immune from First Amendment free speech oversight has been the pedagogic choices made by schools in defining their own educational objectives. Public schools have been permitted to select curricular materials for use in their classrooms and have been able to evaluate whether students have fulfilled course requirements without concern that they may be …

Affirmative Action And Land-Grant Universities In The Millennium: When Will We Fulfill The Original Promise?, Christine L. Jones

University of the District of Columbia Law Review

No abstract provided.

A Re-Analysis Of The Legal, Political, And Social Landscape Of Desegregation From Plessy V. Ferguson To Parents Involved In Community Schools V. Seattle School District No. 1, Stephen J. Caldas, Carl L. Bankston Iii

Brigham Young University Education and Law Journal

No abstract provided.

Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White

Brigham Young University Education and Law Journal

No abstract provided.

Students' Fourth Amendment Rights And The Federal Judgeship: Examining The Link Between Political Appointments And Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich

Brigham Young University Education and Law Journal

No abstract provided.

School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone

Brigham Young University Education and Law Journal

No abstract provided.

Determining Adequacy: How Courts Are Redefining State Responsibility For Educational Finance, Goals, And Accountability, Regina R. Umpstead

Brigham Young University Education and Law Journal

No abstract provided.

The Ideia And The Right To An "Appropriate" Education, Andrea Blau

Brigham Young University Education and Law Journal

No abstract provided.

Part Time Soldiers: Deploying Adjunct Faculty In The War Against Student Plagiarism, Kenneth H. Ryesky

Brigham Young University Education and Law Journal

No abstract provided.

Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner

Brigham Young University Journal of Public Law

No abstract provided.

King Solomon: Did The Supreme Court Make A Wise Decision In Upholding The Solomon Amendment In Rumsfeld V. Forum For Academic & Institutional Rights, Inc.?, Brook Bristow

Mercer Law Review

In a unanimous decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., the United States Supreme Court upheld the constitutionality of the Solomon Amendment. The Court ruled that under the Solomon Amendment, military recruiters must be given the same access as nonmilitary recruiters on university campuses. The Court's holding clarified three First Amendment tangential freedom issues: (1) what is and what is not expressive conduct; (2) what constitutes compelled speech; and (3) what is meant by expressive association.

The Bronx Household Of Faith: Looking At The Unanswered Questions, Kevin Fiet

Brigham Young University Education and Law Journal

No abstract provided.

Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon

Brigham Young University Education and Law Journal

No abstract provided.

Academic Freedom And The Public School Teacher: An Exploratory Study Of Perceptions, Policy, And The Law, Todd A. Demitchell, Vincent J. Connelly

Brigham Young University Education and Law Journal

No abstract provided.

A Preference For Equality: Seeking The Benefits Of Diversity Outside The Educational Context, David A. Harvey

Brigham Young University Journal of Public Law

No abstract provided.

On Logic In The Law: Something, But Not All, Susan Haack

Articles

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.

Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft

Inside UNLV

No abstract provided.

Black, White, Brown, Green, And Fordice: The Flavor Of Higher Education In Louisiana And Mississippi, Alfreda S. Diamond

ExpressO

"Black, White, Brown, Green, and Fordice: The Flavor of Higher Education in Louisiana and Mississippi" chronicles the higher education desegregation sagas in Louisiana and Mississippi. The Article specifically compares the histories of the higher education desegregation lawsuits in the two states and their subsequent experiences and progress under Settlement Agreements. The statistical populations of many universities in both states are still largely identifiable as “white” or “black,” and so the Article will pose questions not only respecting the implementation of United States v. Fordice in both states, but also respecting the value, desirability, or possibility of the “integrative ideal” converting …

School Naming Rights And The First Amendment's Perfect Storm, Joseph Blocher

ExpressO

This Article uses public school naming rights as a lens through which to examine the conflicts between the tempestuous First Amendment categories of government speech, commercial speech, and forum analysis. Courts and scholars have noted the internal conflicts within these three categories, but have not yet explored the conflicts between them. As the growth of school naming rights shows, government sponsorship arrangements collapse the artificial divisions between the categories and demand a better understanding of their interactions. This Article represents a first attempt to bring coherence to these poorly defined and increasingly important areas of First Amendment law.

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

ExpressO

As Title IX celebrates its 35th anniversary, many have noted the positive impact it has had on women sports. But there is also an unintended (and oft-neglected) byproduct: as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the …

Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer

Articles & Chapters

In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted with …

The Solomon Amendment, Expressive Associations, And Public Employment, Paul Secunda

ExpressO

Rumsfeld v. FAIR apparently concedes that public employers, in the guise of public law school members of the FAIR association, have expressive association rights. This state of affairs could now mean that public employers could gain constitutional rights at the expense of pubic employees. Thus, to the extent that public employers are considered expressive associations, public employees may see their free speech and other constitutional rights diminished (even more so than they recently have been by the Garcetti v. Ceballos decision).

Thankfully, I cannot imagine that the Court, if faced with the question directly, would find that public employers have …

Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias

ExpressO

The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.

Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.

Despite accelerating technological …

The Law School Pipeline For Students Of Color: What’S Constricting The Flow?, Alex M. Johnson

ExpressO

No abstract provided.

The Inadequacy Of Adequacy Guarantees: A Historical Commentary On State Constitutional Provisions That Are The Basis For School Finance Litigation, Joseph P. Viteritti

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.