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Articles 5281 - 5310 of 6064
Full-Text Articles in Education Law
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Racial Insults And Free Speech Within The University, J. Peter Byrne
Racial Insults And Free Speech Within The University, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.
During the same period, Congress …
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Journal Articles
No abstract provided.
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Articles
Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
Seattle University Law Review
Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
Voice, Not Choice, James S. Liebman
Voice, Not Choice, James S. Liebman
Faculty Scholarship
In John Chubb and Terry Moe's book, choice is hot; voice is not. As influential as their book has become in current policy debates, however, its data and reasoning may support policies the reverse of those that the authors and their "New Paradigm" disciples propose. In this review, voice is hot; choice is not.
Mergens: Is The Equal Access Issue Settled, J. Patrick Mahon
Mergens: Is The Equal Access Issue Settled, J. Patrick Mahon
The Journal of Law and Education
No abstract provided.
Secular Humanism And Education, Martha M. Mccarthy
Secular Humanism And Education, Martha M. Mccarthy
The Journal of Law and Education
No abstract provided.
The Limits Of Outcomes Analysis: A Comment On Sex Discriminatin In Higher Education Employment: An Empirical Analysis Of The Case Law, Barbara A. Lee
The Limits Of Outcomes Analysis: A Comment On Sex Discriminatin In Higher Education Employment: An Empirical Analysis Of The Case Law, Barbara A. Lee
The Journal of Law and Education
No abstract provided.
Social Fraternities At Public Institutions Of Higher Education: Their Rights Under The First And Fourteenth Amendments, Gregory F. Hauser
Social Fraternities At Public Institutions Of Higher Education: Their Rights Under The First And Fourteenth Amendments, Gregory F. Hauser
The Journal of Law and Education
No abstract provided.
Counterpoint, Eldon D. Wedlock Jr.
Counterpoint, Eldon D. Wedlock Jr.
The Journal of Law and Education
No abstract provided.
Recent Developments In The Law
The Religious Education Provisions Of England's Education Reform Act 1988 - Or What The Establishment Clause Is Saving You From, Sebastian Poulter
The Religious Education Provisions Of England's Education Reform Act 1988 - Or What The Establishment Clause Is Saving You From, Sebastian Poulter
The Journal of Law and Education
No abstract provided.
Exclusivity Of Collective Bargaining Arbitration In Canadian Academia, A. N. Khan
Exclusivity Of Collective Bargaining Arbitration In Canadian Academia, A. N. Khan
The Journal of Law and Education
No abstract provided.
Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow
Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow
Vanderbilt Law Review
Tenure' is the crowning laurel of academia. The process of reviewing a candidate for tenure at the university level generally begins with an evaluation and recommendation by a group of the candidate's peers. Candidates who are denied tenure may seek judicial review of the decision and discovery of peer review materials. Not surprisingly, universities encourage courts to defer to tenure decisions and to deny plaintiffs access to confidential peer review documents.Traditionally, in fact, courts have given great deference to university tenure decisions. Judicial deference has pervaded every phase of review from discovery to trial and remedy. As deference to university …
Institutional Liability For Student Activities And Organizations, Douglas R. Richmond
Institutional Liability For Student Activities And Organizations, Douglas R. Richmond
The Journal of Law and Education
No abstract provided.
Counterpoint, Perry A. Zirkel
Understanding Gender-Based Wage Discrimination: Legal Interpretation And Trends Of Pay Equity In Higher Education, Gaye Luna
The Journal of Law and Education
No abstract provided.
A Case For Mandatory Urine Testing For Drugs In Public Schools, Jeffrey T. Sultanik
A Case For Mandatory Urine Testing For Drugs In Public Schools, Jeffrey T. Sultanik
The Journal of Law and Education
No abstract provided.
From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell
From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Special Education Children With Hiv Infection: Standards And Strategies For Admission To The Classroom, Maureen M. Murphy
Special Education Children With Hiv Infection: Standards And Strategies For Admission To The Classroom, Maureen M. Murphy
The Journal of Law and Education
No abstract provided.