Education Law Commons^™

The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson

UIC Law Review

No abstract provided.

Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe

Cleveland State Law Review

In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

UF Law Faculty Publications

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula …

Protecting Student Privacy: Reporting Campus Crimes As An Alternative To Disclosing Student Disciplinary Records, Tamu K. Walton

Indiana Law Journal

No abstract provided.

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Faculty Scholarship

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.

The Legal Implications Of Online Universities, Elizabeth D. Kaiser

Richmond Journal of Law & Technology

Aspiring screen writers, novelists and photographers need not look any further than the closest computer and Internet connection to learn tools of the trade from experts in the entertainment field. Through the Online Extension Program at the University of California, Los Angeles, a student can learn television script writing from a Hollywood professional and earn a UCLA diploma from a desktop computer as far away as Omaha, Nebraska.

School Vouchers And Religious Liberty: Seven Questions From Madison's Memorial And Remonstrance, Vincent A. Blasi

Faculty Scholarship

In the immediate aftermath of the Revolutionary War, many upstanding citizens of the fledgling state of Virginia were not pleased. They were, in fact, appalled by the decline they perceived in the state of public morals. Newspaper editorials, sermons, and speeches in public assemblies resounded with references to the recent upsurge in gambling, whoring, cockfighting, and public drunkenness. That such departures from the straight and narrow are not uncommon in postwar periods, following all the social dislocations of military mobilization, was no consolation to Virginians eager to show a doubting world that government by the people could work.

The root …

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.

The Attorney-Client And Work Product Privileges: The Case For Protecting Internal Investigations On The University Campus, Virginia H. Underwood, Richard H. Underwood

Law Faculty Scholarly Articles

The authors how to make, or rather to restate, the case for the protection of reports and information generated during internal investigations at public colleges and universities. The results of an informal survey of university lawyers and Equal Protection Opportunity ("EEO") officers conducted by one of the authors prior to a presentation at the June, 2000 National Association of College and University Attorneys ("NACUA") Conference suggest that steps routinely are not taken by university counsel and investigators to assert the attorney-client and work product privileges and protect the fruits of internal investigations from disclosure. This seems odd, since the protection …

Recent Developments In The Law - Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

Articles, Notes And Commentary - Law Review Digests

The Journal of Law and Education

No abstract provided.

Why Can't My Son Play Tennis - A Call For High School Athletic Associations To Revamp The 50% Rule, Samer Yahyawi

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law - Universities And Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Sports Waivers: An Exercise In Futility, Andrew Murr

The Journal of Law and Education

No abstract provided.

Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman

Washington and Lee Law Review

No abstract provided.

Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.

California Students Demand Basic Education Rights, Lisa Fontana

Public Interest Law Reporter

No abstract provided.

Act Helps Homeless Children Succeed In School, Amber Nesbitt

Public Interest Law Reporter

No abstract provided.

Digital Regulation And The Impact On Education, Valerie Sarigumba

Public Interest Law Reporter

No abstract provided.

Teaching About Religion In Public Schools, Kent Greenawalt

Faculty Scholarship

Two of the twentieth century's most controversial Supreme Court decisions held that public schools could not sponsor devotional prayer and Bible reading as part of their educational program. Yet, whether to begin school with a few minutes of devotional practice matters far less than what schools teach about religion, one of the most nettlesome issues of church-state relations in a liberal democracy. This question has received comparatively little attention from constitutional lawyers, because the Supreme Court has declared that teaching about religion is acceptable and has not addressed challenges to programs educators have labeled in this way. Many citizens, of …

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

When May A State Require Teaching Alternatives To The Theory Of Evolution? Intelligent Design As A Test Case, Stephen L. Marshall

Kentucky Law Journal

No abstract provided.

School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor

Michigan Journal of Race and Law

The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …

Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich

Michigan Journal of Race and Law

Part I of this Article discusses the history of Brown, and the legal and political barriers that prevented the nation from fulfilling Brown's promise. Part II, will examine the phenomenon of White flight, which resulted from the efforts to implement the court-ordered desegregation of public schools. The political and economic effects of White flight on school reform efforts will also be examined. Part III will provide the reader with possible explanations for why school desegregation failed. The author will argue that the unexpected complexity of the task of desegregation, the lack of a unified direction among the judiciary, and …

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

Publications

No abstract provided.

Making Kids Toe The Line In The Old Line State: The Disparate Application Of Public School Discipline Polices In Maryland, Allison I. Fultz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Making Kids Toe The Line In The Old Line State: The Disparate Application Of Public School Discipline Polices In Maryland, Allison I. Fultz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …