Education Law Commons^™

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …

Foreword, Robert E. Scott

Faculty Scholarship

The Equal Education Under the Law Symposium continues a conversation among legal and educational professionals that seeks to advance and perhaps refocus the rather dramatic debate over the future of public education in our country. The good news for this debate is that we start with a clear consensus on goals. Few, if any, would dissent from the following statement of principle: the future success of this nation depends in large measure on the requirement that every citizen have the chance to share in the country's good fortune, and the key to providing that chance, for all citizens, lies in …

Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre

Scholarly Works

Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …

Archibald Cox: Teacher, David J. Seipp

Faculty Scholarship

Archie Cox is a teacher. He taught generations of law students at Harvard Law School and, more recently, at Boston University School of Law. He left the classroom on three occasions, reluctantly, when first President Truman, then President Kennedy, then President Nixon's Attorney General called Professor Cox to Washington to play a part on the national stage. In his first weeks as Watergate Special Prosecutor, Cox carried with him a stack of blue books, Labor Law examinations he still had to grade (p. 263). In the public eye, his straight-backed demeanor, his familiar crew cut, half-glasses, bow tie, and tweeds …

Universal Service In The Schools: One Step Too Far?, Christine M. Mason

Federal Communications Law Journal

Universal service is extended to include new recipients, such as schools, as a result of the Telecommunications Act of 1996. The FCC should proceed cautiously, and maintain its commitment to the traditional goal of universal service— Americans with basic telephone services— carrying out this new mandate.

All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook

Federal Communications Law Journal

The Telecommunications Act of 1996 extends universal service support to schools and libraries. Pursuant to this legislation, the FCC has provided all eligible schools with discounts of between twenty and ninety percent on telecommunications services, Internet access, and internal connections— to a 2.25 billion dollar annual cap. Critics have denounced the subsidy for internal connections as unsupported by the Act's language and outside the FCC's authority. However, based on a plain reading of the statute, on case law, and on legislative history, it is clear that the FCC properly exercised discretion in allocating the potential fund.

Introduction, L. Priscilla Hall

Cardozo Law Review

No abstract provided.

Preface, Norman L. Greene

Cardozo Law Review

No abstract provided.

Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason

University of Arkansas at Little Rock Law Review

No abstract provided.

Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss

West Virginia Law Review

No abstract provided.

Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …

Competition And The Curve, Barbara Glesner Fines

Faculty Works

In judging pedagogical issues, most law professors favor their own experiences as students: the best way to teach is the way they were taught. I suspect that I am no different in this respect. Unlike most faculty, however, I was taught without the grading game playing a central role in my education. My undergraduate education was at a small, public, interdisciplinary, liberal arts college, with no departments, no majors, no curricular requirements to speak of, no tests and, most critically, no grades. I loved my education. It stays with me today. I attribute that retention and enthusiasm to the learning …

An Examination Of Ronald Edmonds' Effective Schools Theory Applied To Various Grades In Two Demographically Different Oklahoma City Elementary Schools, Faluv Tunley

McCabe Thesis Collection

Effective schools research has been a key to the improvement of education for many urban school children, especially in large cities such as New York City and Chicago, Illinois. This research has revealed many different ideologies on helping a child learn, helping teachers teach, and giving administrators the tools to handle their schools more efficiently. Effective schools research also addresses parents and their involvement in the school system. One researcher who constantly pushed Effective Schools research is Dr. Ronald R. Edmonds. Edmonds, along with many other researchers helped to restructure the urban area schools in New York City and Michigan …

The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel

Articles

No abstract provided.

Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan

BYU Law Review

No abstract provided.

Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale

Washington Law Review

Early American political thinkers deemed universal education essential to the proper functioning of a republican form of government. Accordingly, each state developed a public school system supported by general taxation. The Washington Constitution requires the system to be both "general" and "uniform." Common schools, for which certain school funds are constitutionally reserved, are the most important and only mandatory component of the system. Recent charter school proposals raise questions as to whether such institutions fit within a general and uniform system and whether they are "common schools" entitled to common school funds. In order to provide a framework for such …

An Evolutionary Perspective Of Peer Sexual Harassment In American Schools: Premising Liability On Sexual, Rather Than Power Dynamics, Laura M. Sullivan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane

Dalhousie Law Journal

The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.

Returning To The True Goal Of The Individuals With Disabilities Education Act: Self-Sufficiency, Robert C. Hannon

Vanderbilt Law Review

This country has long recognized the necessity of an education in order to function productively in society. As suggested by one of the founding fathers, Thomas Jefferson, "some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system." More recently, the Supreme Court recognized the importance of education in Brown v. Board of foreclose the means by which that group might raise the level of es- teem in which it is held by the majority .... Illiteracy is an enduring disability."

Today this need to educate remains just as pressing. Our country …

James B. Conant: A Giant On Academe's Left, Right And Center, Book Review Of James B. Conant, Harvard To Hiroshima And The Making Of The Nuclear Age By James G. Hershberg, Jeffrey O'Connell False, Thomas E. O'Connell

Brigham Young University Education and Law Journal

No abstract provided.

Congressional Attention Needed For The "Stay-Put" Provision Of The Individuals With Disabilities Education Act, Trent D. Nelson False

Brigham Young University Education and Law Journal

No abstract provided.

Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False

Brigham Young University Education and Law Journal

No abstract provided.

The Lemon In Smith V. Mobile County: Protecting Pluralism And General Education, Thomas Marvan Skousen False

Brigham Young University Education and Law Journal

No abstract provided.

Hopwood V. Texas: The Beginning Of The End For Racial Preference Programs In Higher Education, Jeremy Moeser

Mercer Law Review

In Hopwood v. Texas, the Court of Appeals for the Fifth Circuit held that the University of Texas ("UT") School of Law's admissions program, which gave preference to African-Americans and Mexican-Americans, violated the Fourteenth Amendment's Equal Protection Clause. For the 1992 school year, the University of Texas School of Law processed applications by using an applicant's Texas Index ("TI") number, a figure comprised of the applicant's undergraduate grade point average and Law School Admissions Test ("LSAT") score. Based on the TI, the law school distributed applications into three categories of review: presumptive admit, presumptive deny, and discretionary zone. For …

A School Law Resource Manual For Coaches In The South Kitsap School District, Brian V. Carlson

All Graduate Projects

The purpose of this project was to develop a school law resource manual for athletic coaches employed in the South Kitsap School District in the state of Washington. To accomplish this purpose, a review of current literature regarding selected law and legal issues related to athletics was conducted.

The Relationship Between Public-Sector Higher Education Level-Four Grievant Variables And Third-Party Discipline And Discharge Arbitration Case Determinations At The West Virginia Education And State Employees Grievance Board Years 1985-1995, E. Jane Barnes

Theses, Dissertations and Capstones

This study examined the relationship between grievant variables (case description, case issue, gender, seriousness of the case) and case determination (denied/granted). A disk copy of QA4 database years 1985 to 1995 was provided by the West Virginia Education and State Employees Grievance Board. The approximate 222 higher education synopses reports were read to locate the population. Fifty five higher education discipline and discharge synopsis reports were isolated. Key words used by the Board assisted in isolating the population. The 55 higher education synopses reports were printed out to compare to information on case decisions housed in the West Virginia Secretary …

The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii

UIC John Marshall Journal of Information Technology & Privacy Law

As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …

Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel

Michigan Journal of Gender & Law

In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …

The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.