Recent Cases And Commentary: Supreme Court Decisions,
2016
University of South Carolina
Recent Cases And Commentary: Supreme Court Decisions
The Journal of Law and Education
No abstract provided.
Recent Cases And Commentary: Lower Federal Courts And State Courts,
2016
University of South Carolina
Recent Cases And Commentary: Lower Federal Courts And State Courts
The Journal of Law and Education
No abstract provided.
A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows,
2016
Villanova University Charles Widger School of Law
A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation,
2016
University of Notre Dame Law School
The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation, Anthony Bilan
Notre Dame Law Review
Courtroom battles surrounding school finance and adequacy claims are very much alive today, nearly forty years after their progenitor, Serrano v. Priest. In spawning a potential new chapter in this history, a trial court in California struck down its state’s battalion of teacher tenure and employment laws under a legal analysis based in the education quality that those laws provided. This “landmark” case, Vergara, is generating conversation that its results could be duplicated throughout the nation. In a format familiar to school finance litigation, the Vergara court found that the state’s tenure statutes so detrimentally affected teaching that …
The Social Maladjustment Exclusion: Leaving A Category Of Students Behind And The Problem With State And Judicial Interpretation Of Congressional Intent,
2016
University of the District of Columbia School of Law
The Social Maladjustment Exclusion: Leaving A Category Of Students Behind And The Problem With State And Judicial Interpretation Of Congressional Intent, Carolyn Mason
University of the District of Columbia Law Review
Since its inception in 1975, controversy surrounding the Social Maladjustment Exclusion has plagued its understnding. This paper delves deeper into the controversy and explores jurisdictional and nationwide patterns in the judicial interpretation of the social maladjustment exclusion. This analysis further demonstrates how the evolving interpretation of social maladjustment is out of touch with the needs of vulnerable youth in our schools and society, and may be based, in large measure, on a small group of non-representative plaintiffs.
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher,
2016
University of the District of Columbia School of Law
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
University of the District of Columbia Law Review
On June 29th, 2015, the Supreme Court agreed to once again hear oral arguments in Fisher. This decision is troubling to supporters of Affirmative Action policies because of the Court's indistinguishable motivation for hearing the case a second time. This Note argues that theCourt must continue to allow race-based considerations in higher education admissions policies. Part I takes a look at the beginnings of affirmative action and the effects of past discrimination on the educational attainment of minorities. Part II charts the case law related to affirmative action in higher education. Part III tracks how the meaning of narrowly-tailored has …
The Real Danger Of Guns In Schools,
2016
University of Georgia School of Law
The Real Danger Of Guns In Schools, Sonja R. West
Popular Media
This article that first appeared at Slate.com on March 22, 2016, looks at Georgia's "Campus Carry" Legislation. This legislation permits "any [firearm] license holder when he or she is in or on any building or real property owned by or leased to any public technical school, vocational school, college, university, or other institution of postsecondary education."
Is It Really A Choice? How Charter Schools Without Choice May Result In Students Without A Free Appropriate Public Education,
2016
Brigham Young University Law School
Is It Really A Choice? How Charter Schools Without Choice May Result In Students Without A Free Appropriate Public Education, Erin Hankins Diaz J.D., M.E.
Brigham Young University Education and Law Journal
No abstract provided.
Off The Constitutional Map: Breaking The Endless Cycle Of School Finance Litigation,
2016
Brigham Young University Law School
Off The Constitutional Map: Breaking The Endless Cycle Of School Finance Litigation, Madeline Davis
Brigham Young University Education and Law Journal
No abstract provided.
Zero Tolerance, Threats Of Harm, And The Imaginary Gun: "Good Intentions Run Amuck",
2016
Brigham Young University Law School
Zero Tolerance, Threats Of Harm, And The Imaginary Gun: "Good Intentions Run Amuck", Todd A. Demitchell Ed.D, M.A., M.A.T., Elyse Hambacher Ph.D., M.A.
Brigham Young University Education and Law Journal
No abstract provided.
Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa,
2016
Brigham Young University Law School
Between A Tomahawk And A Hard Place: Indian Mascots And The Ncaa, Stephanie Jade Bollinger
Brigham Young University Education and Law Journal
No abstract provided.
Individualized Education Programs (Ieps) And Special Education Programming For Students With Disabilities In Urban Schools,
2016
University of South Carolina
Individualized Education Programs (Ieps) And Special Education Programming For Students With Disabilities In Urban Schools, Mitchell L. Yell, Terrye Conroy, Antonis Katsiyannis, Tim Conroy
Fordham Urban Law Journal
This Article examines the individualized education program (IEP) requirement of the Individuals with Disabilities Education Act (IDEA) and presents a method for improving the education of students with disabilities in urban settings by appropriately developing IEPs. Part I considers the unique problems facing special educations in urban school districts. Part II presents an overview of the IDEA and its requirement that school districts provide students with a free appropriate public education (FAPE). Part III examines the components of an IEP and the process for developing students’ IEPs—the key vehicle for providing a FAPE. Part IV outlines a process for developing …
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit,
2016
Rutgers University School of Law -- Newark
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
Fordham Urban Law Journal
No abstract provided.
Math & Science Are Core To Ideas: Breaking The Racial And Poverty Lines,
2016
Ohio State University
Math & Science Are Core To Ideas: Breaking The Racial And Poverty Lines, Jeffrey C. Sun, Philip T.K. Daniel
Fordham Urban Law Journal
No abstract provided.
Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools,
2016
Gonzaga Law School
Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett
Fordham Urban Law Journal
No abstract provided.
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges,
2016
University of New Mexico Law School
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael Gregory, Julie Waterstone
Fordham Urban Law Journal
No abstract provided.
An Idea For Improving English Language Learners’ Access To Education,
2016
Ohio State University Moritz College of Law
An Idea For Improving English Language Learners’ Access To Education, Erin Archerd
Fordham Urban Law Journal
English Language Learners (ELLs) and language-minority families have few promising options for receiving tailored educational services under federal law. Civil Rights era statutes like the Equal Education Opportunities Act (EEOA) designed to protect and promote ELLs’ right to an education have led to few actual changes in children’s education, and fewer still within reasonable time frames. For the subset of ELLs with disabilities, the Individuals with Disabilities Education Act (IDEA) holds out the promise of more direct and immediate improvements in their education. Part I of this Article introduces the problem through a hypothetical student, Faith, and her family. Part …
Turf Wars And Growing Pains: How New York Education Law Can Ease The Co-Location Battle,
2016
Fordham University School of Law
Turf Wars And Growing Pains: How New York Education Law Can Ease The Co-Location Battle, Joanna Zdanys
Fordham Urban Law Journal
No abstract provided.
Do Teacher Pay For Performance Schemes Advance American Education? What Education And Business Can Learn From Each Other In The Education Reform Movement,
2016
William & Mary Law School
Do Teacher Pay For Performance Schemes Advance American Education? What Education And Business Can Learn From Each Other In The Education Reform Movement, Devin R. Bates
William & Mary Business Law Review
States are quickly moving away from the uniform salary schedule used to compensate teachers and are instead implementing various forms of Pay for Performance. While Pay for Performance compensation schemes have proved effective in some areas of business, they are not uniformly applicable and are ill-suited to education reform. By outlining recent developments in this area of the law and by reviewing the justifications for Pay for Performance schemes, this Note shows what education can learn from business and what business can learn from education. Ultimately, it is in the self-interest of businesses to oppose the implementation of Pay for …
Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016),
2016
Nevada Law Journal
Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith
Nevada Supreme Court Summaries
The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present an argument …
