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Articles 361 - 390 of 390
Full-Text Articles in Juvenile Law
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
Protecting Children And Their Mothers: The Millennium Development Goals Push Lofty Heath Targets, Frank Pigott
Protecting Children And Their Mothers: The Millennium Development Goals Push Lofty Heath Targets, Frank Pigott
Sustainable Development Law & Policy
No abstract provided.
Promoting Gender Equality Through Global Education Targets- The Third Millennium Development Goal, Nisha Thakker
Promoting Gender Equality Through Global Education Targets- The Third Millennium Development Goal, Nisha Thakker
Sustainable Development Law & Policy
No abstract provided.
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Michigan Journal of Gender & Law
This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen
Faculty Scholarship
Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. 10 In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, 11 with the chances of being killed in school far less than being struck by lighting. 12 The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged 13), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, 14 and partly because in our hardheaded times …
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
Brigham Young University Education and Law Journal
No abstract provided.
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Seattle University Law Review
The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
UF Law Faculty Publications
This paper explores the harm of teaching The Adventures of Huckleberry Finn in public school classrooms. Such harm can be broadly described as emotional segregation, which occurs when society sanctions disrespect. To illustrate the effects of emotional segregation, this article explores the reaction Black students and parents have to the novel to that of White students and parents. White students eagerly imagine being Huck and going on his adventures. Black students, however, cannot and should not even be asked to try to imagine being Huck and betraying their racial identity. But then who are the Black students supposed to identify …
Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart
Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart
Brigham Young University Education and Law Journal
No abstract provided.
Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady
Brigham Young University Education and Law Journal
No abstract provided.
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
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.
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
Brigham Young University Education and Law Journal
No abstract provided.
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
Law Faculty Publications
Proposals for public service programs have long had currency in America, and may be gaining a certain millennium momentum in current public debate. While proposals for national public service programs of varying ambition and scope continue to be debated, at the local level a growing number of U.S. public school districts are implementing community service programs for high school students. Community service programs generally require students to complete a specified number of hours of service as a condition for graduation. In a typical program, a student may be required to complete forty to sixty hours of community service with organizations …
Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe
Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
A New Lesson Plan For Educational Institutions: Expanded Rules Governing Liability Under Title Ix Of The Education Amendments Of 1972 For Student And Faculty Sexual Harassment, Anne-Marie Harris, Kenneth B. Grooms
A New Lesson Plan For Educational Institutions: Expanded Rules Governing Liability Under Title Ix Of The Education Amendments Of 1972 For Student And Faculty Sexual Harassment, Anne-Marie Harris, Kenneth B. Grooms
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh
The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh
Buffalo Law Review
No abstract provided.
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
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 …
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland
School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland
UIC Law Review
No abstract provided.
A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray
UIC Law Review
No abstract provided.
Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn
Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn
UIC Law Review
No abstract provided.
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
UIC Law Review
No abstract provided.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire
Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire
UIC Law Review
No abstract provided.
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Cleveland State Law Review
AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
UIC Law Review
No abstract provided.
Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro
UIC Law Review
No abstract provided.
The School Pays The Piper, But How Much? Attorneys Fees In Special Education Cases After The Handicapped Children’S Protection Act Of 1986, Thomas F. Guernsey
The School Pays The Piper, But How Much? Attorneys Fees In Special Education Cases After The Handicapped Children’S Protection Act Of 1986, Thomas F. Guernsey
Law Faculty Publications
The Education for All Handicapped Children Act of 1975 (the EHA) imposes significant responsibilities on local and state educational authorities to ensure that handicapped children are receiving free and appropriate public education. To protect this substantive right to education, Congress mandated extensive procedural protections, including the right to file a judicial action following exhaustion of administrative remedies. The EHA did not provide for the recovery of attorneys' fees, however, until the statute was recently amended. ...
When The Teachers And Parents Can’T Agree, Who Really Decides? Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
When The Teachers And Parents Can’T Agree, Who Really Decides? Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
Law Faculty Publications
In 1975, the United States Congress passed, and President Ford signed into law, the Education for All Handicapped Children Act (hereinafter the Act or EAHCA). The key provision of the Act was that each handicapped child was entitled to a Free and Appropriate Public Education (hereinafter FAPE). Congress provided extensive procedural protections to ensure that the school authorities provided children with a FAPE. The extensive procedural protections included parental participation in most decisions affecting the child's educational program. ...
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
University of Miami Law Review
No abstract provided.