Education Law Commons^™

The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher

American University Law Review

No abstract provided.

How Reconstructing Education Federalism Could Fulfill The Aims Of Rodriguez, Kimberly J. Robinson

Law Faculty Publications

In the Rodriguez decision, the U.S. Supreme Court held that the plaintiffs did not have a right under the Constitution's Equal Protection Clause, which required the state of Texas to remedy disparities in funding for schools in high-wealth and low-wealth school districts. One of the principal reasons that the Court rejected the plaintiffs' claims was the need to maintain the current balance of power between the federal and state governments over education. Indeed, the Court acknowledged in Rodriguez that even though all equal protection claims implicate federalism, "it would be difficult to imagine a case having a greater potential impact …

Defining Domain: Higher Education's Battles For Cyberspace, Jacob H. Rooksby

Law Faculty Publications

Juliet famously mused, “What’s in a name? that which we call a rose / By any other word would smell as sweet.” The same cannot be said for Internet domain names. One’s inability to own a specific domain name has delayed product launches, caused companies to change names, and led to disputes with alleged cybersquatters. The utility of domain names has led to a robust secondary market of buyers and sellers, where domain names that encompass generic words, or are comprised of very few letters or numbers, often change hands for hundreds of thousands of dollars, or more. In short, …

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

Law Student Publications

This article seeks to offer a mitigating solution to the educational inequities plaguing Richmond Public Schools--socioeconomic integration and district consolidation. Under this race-neutral school assignment proposal, desegregation efforts are based not on an individual's ethnicity, but socioeconomic status. The proposal seeks to have no more than 50% of a student body receiving free or reduced-price lunch in any one school in the Richmond area. However, because of Richmond Public Schools' existing high poverty rate, no socioeconomic redistricting proposal would be effective without incorporating Richmond's adjacent suburbs- Chesterfield and Henrico counties.

Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass

Law Student Publications

Virginia House Bill 1785, requiring campus police to notify the Commonwealth's Attorney of any victim-initiated sexual assault investigations, is a positive step forward in helping to combat sexual assault on Virginia college campuses. Under this legislation, victims of sexual assault are much more likely to receive the protection and justice they deserve. Part II of this comment outlines current federal law that intends to address sexual assault on college campus and whether these laws have been effective in preventing sexual assault. Part III details Virginia House Bill 1785 introduced in the 2015 Virginia General Assembly Session to address sexual assault …

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.

Anti-Rape Culture, Aya Gruber

Publications

No abstract provided.

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Publications

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …

Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass

Richmond Public Interest Law Review

Virginia House Bill 1785, requiring campus police to notify the Commonwealth’s Attorney of any victim-initiated sexual assault investigations, is a positive step forward in helping to combat sexual assault on Virginia college campuses. Under this legislation, victims of sexual assault are much more likely to receive the protection and justice they deserve.

Part II of this comment outlines current federal law that intends to ad- dress sexual assault on college campus and whether these laws have been effective in preventing sexual assault. Part III details Virginia House Bill 1785 introduced in the 2015 Virginia General Assembly Session to address sexual …

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn

Cleveland State Law Review

This paper focuses on the two districts directly involved in the Parents Involved in Community Schools v. Seattle School District No. 1 (PICS) (2007) case with regard to how their desegregation plans and levels of segregation changed over time. The study emphasizes how segregation levels changed in response to changes in the plans and, in particular, to the Supreme Court ruling in PICS. The results differed greatly between the two districts. The voluntary desegregation plan in Jefferson County, Kentucky, proved far more effective than its Seattle counterpart in terms of maintaining a relatively low level of segregation prior to the …

Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass

Richmond Journal of Law and the Public Interest

Virginia House Bill 1785, requiring campus police to notify the Commonwealth’s Attorney of any victim-initiated sexual assault investigations, is a positive step forward in helping to combat sexual assault on Virginia college campuses. Under this legislation, victims of sexual assault are much more likely to receive the protection and justice they deserve.

Part II of this comment outlines current federal law that intends to ad- dress sexual assault on college campus and whether these laws have been effective in preventing sexual assault. Part III details Virginia House Bill 1785 introduced in the 2015 Virginia General Assembly Session to address sexual …

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Akron Law Faculty Publications

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

School Closures As Education Reform: New Evidence From Chicago And Ohio, Nicole Stelle Garnett

Journal Articles

Book review of School Closures as Education Reform: New Evidence from Chicago and Ohio by Deven Carlson and Stephanie Lavertu.

Athletic Compensation For Women Too? Title Ix Implications Of Northwestern And O'Bannon, Erin E. Buzuvis

Faculty Scholarship

The NCAA has been relying on Title IX requirements to defend its polices prohibiting compensation for college athletics; it argues that paying athletes in revenue sports, coupled with the commensurate obligation under Title IX to pay female athletes, would be prohibitively expensive.

As a response to the NCAA’s argument, the Author seeks to advance two positions: first, that Title IX would, as argued by the NCAA, require payment of female athletes using some measure of equality; and second, that it is not Title IX that renders the prospect of athlete compensation cost prohibitive, but rather, the fact that college athletics …

Academic Duty And Academic Freedom, Amy Gajda

Faculty Scholarship

No abstract provided.

The Disability Cliff, Samuel R. Bagenstos

Articles

We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.

"Is That Me I See On The Tv?" An Analysis Of The O'Bannon Decision, Zachary S. Beal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Playoffs?! Are You Kidding Me, Playoffs?": An Antitrust Analysis Of College Football's New Playoff Format, Brandon C. Miller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Student Press Exceptionalism, Sonja R. West

Scholarly Works

Constitutional protection for student speakers is an issue that has been hotly contested for almost 50 years. Several commentators have made powerful arguments that theCourt has failed to sufficiently protect the First Amendment rights of all students. But this debate has overlooked an even more troubling reality about the current state ofexpressive protection for student — the especially harmful effect of the Court’s precedents on student journalists. Under the Court’s jurisprudence, schools may regulate with far greater breadth and ease the speech of student journalists than of their non-press classmates. Schools are essentially free to censor the student press even …