Education Law Commons^™

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

House Bill 1219: A Study, Paul M. Scott

Akron Law Review

Because H.B. 1219 does raise certain constitutional questions which will soon come before the courts, and because of its potential impact on higher education in Ohio, a complete study of it is in order. This Comment seeks to do that by analysis of the background events leading up to the bill's introduction, its legislative history, a summary and explanation of the act's important provisions, an analysis of potential constitutional infirmities in view of current court decisions, and a discussion of relevant policy considerations. The purpose of this Comment is not to assess the wisdom or desirability of the statute, but …

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham

Akron Law Review

This paper will deal with the meaning of equality in legal discourse and the social context which underlies that meaning.

Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley

Brigham Young University Education and Law Journal

No abstract provided.

For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse

Brigham Young University Education and Law Journal

No abstract provided.

Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell

Brigham Young University Education and Law Journal

No abstract provided.

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.

Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold

Brigham Young University Education and Law Journal

No abstract provided.

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.

Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan

Brigham Young University Education and Law Journal

No abstract provided.

Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.

Not All Non-Discrimination Policies Are Created Equal: Analyzing Public Universities' Attempts To Regulate Membership Requirements Of Officially Recognized Student Organizations, James Heilpern

Brigham Young University Education and Law Journal

No abstract provided.

A Need For Reform — In The Wake Of The Penn State Scandal: In Higher Education And K–12 Schools, Victoria Carlton

Brigham Young University Education and Law Journal

No abstract provided.

The False Choice Between Race And Class And Other Affirmative Myths, Lisa R. Pruitt

Buffalo Law Review

No abstract provided.

School Finance Reforms For Ohio, Linda L. Robison, Loi Yoder

Akron Law Review

This comment will first examine the legal rationale of the leading court decisions concerned with the constitutionality of educational funding programs. Secondly, the advantages and disadvantages of current funding programs, as well as Ohio's present program, will be discussed. An analysis of the guidelines set by the Ohio courts, and a discussion of what is wrong with Ohio's current plan will follow. Finally, proposals for solving Ohio's problems will be offered.

Minimum Competency Testing - Redundancy Or Necessity? An Analysis Of The Educational And Legal Issues, Dianne L. Goss

Akron Law Review

This article will discuss the pros and cons of the movement, first from an educational viewpoint, then from a legal perspective, touching on some current state plans and programs and offering suggestions and conclusions.

Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo

Akron Law Review

In the American democratic system, it is not uncommon for small, publicly-elected bodies to control the workings of societal institutions. These bodies may be federal, state or local in realm and function, and are usually given wide discretion. But who is it that controls the actions of these bodies This question is paramount to the myriad of recent cases involving the removal of books from secondary school libraries. The body involved is the local school board - an elected unit charged with the duty of managing school affairs. In that process of management, however, local school boards are apparently not …

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.