Education Law Commons^™

Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion

Cardozo Journal of Equal Rights & Social Justice

The article argues that states are constitutionally required to provide comprehensive sex education to minors, as it is essential for their ability to exercise their constitutional rights to privacy, liberty, and autonomy. The denial of adequate sex education constitutes an undue burden on these rights and fails to meet legal standards for rationality and pedagogical interest. The right to receive information under the First Amendment, combined with the liberty right in sexual and reproductive choice under the Fourteenth Amendment, compels recognition of a state duty to provide such education.

Equal Opportunity To Parent: The Case For Offering Teenage Moms And Dads Family Leave In Secondary Schools, Jaryn Haskell Saritzky

Cardozo Journal of Equal Rights & Social Justice

The note addresses the systemic exclusion of teenage fathers from discussions on teenage pregnancy and parenting, leading to unequal educational policies. It advocates for policy reforms to ensure equal treatment and support for all parenting students, emphasizing the need to challenge gender stereotypes and comply with legal protections.

Universitytm: Trademark Rights Accretion In Higher Education, Jacob H. Rooksby

Law Faculty Publications

Colleges and universities are no strangers to intellectual property. In a higher education environment increasingly challenged by dwindling state appropriations and stagnant or declining tuition revenue, the pressure is on for colleges and universities to generate revenue via new channels. The commercialization of intellectual property has proven to be a popular, albeit imperfect, vehicle in furtherance of these efforts. Although there is no shortage of both legal and higher education commentary focusing on the treatment of patents and copyrights by institutions of higher education, trademark activity by colleges and universities largely has escaped attention. ...

Has Time Expired For Time-Out Rooms?, Charles J. Russo

Educational Leadership Faculty Publications

An issue that continues to raise serious concerns for education leaders surrounds the treatment of students with disabilities who behave unacceptably. In Honig v. Doe (1988), the Supreme Court acknowledged that in such cases, among the procedures available to educators is “the use of study carrels, timeouts, detention, or the restriction of privileges” (p. 325). Time-out rooms—typically small rooms where students who misbehave are sent until they can safely regain their composure—continue to be used in most jurisdictions, subject to state oversight via statutes and regulations (U.S. Department of Education 2010).

A Common Law Constitutionalism For The Right To Education, Scott R. Bauries

Georgia Law Review

This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …

Deals Or No Deals: Integrating Transactional Skills In The First Year Curriculum, Lynnise E. Pantin

Faculty Scholarship

This article joins a growing body of scholarship on the pedagogy of transactional law and skills. This article challenges the traditional pedagogy of teaching law students to think like a lawyer and argues that law schools should shift the analytical framework of a litigation-dominated model, which is typically taught in the first year, to a model that incorporates transactional skills teaching into the first year law school curriculum. This approach will (1) create a greater balance of skills taught in the first year and (2) address the mandate to train more practice-ready lawyers. This article argues that the best place …

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The End Of Indeterminacy In Affirmative Action, Carla Pratt

Faculty Articles

After the Supreme Court's decision in Fisher v. UT Austin, the stage has been set for judges to demand more specificity in the articulation of the protected diversity interest. Gone are the days when institutions of higher education could rely on the abstract concept of diversity to support efforts to enroll a diverse student body. Now higher education institutions will need to give serious thought to how they define the sought after diversity interest and how racial diversity improves educational outcomes and enhances the education that is delivered.

Following Fisher: Narrowly Tailoring Affirmative Action, Eang Ngov

Faculty Articles

Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic based …

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

Articles

In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …

The First Thing We Do, Jorge R. Roig

Scholarly Works

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …

Dating Violence On Small Rural College Campuses: Are Administrator And Student Perceptions Similar?, Jean Allen Oldham

Theses and Dissertations--Kinesiology and Health Promotion

In recent years dating violence has become more and more prevalent on college campuses. Reports of the range of dating violence vary widely, with studies reporting from 20% to 85% of college women experiencing dating violence. However, almost all research has been conducted among urban and/or large colleges and universities, with virtually no attention to what is happening on small and/or rural college and university campuses.

When a possible 20% of college women have experienced dating violence on college campuses, there becomes a crucial need for administration at a college to have an accurate assessment of the college’s liability, and …

Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education, Joshua Arocho

Michigan Law Review

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …

Montana's Rural Version Of The School-To-Prison Pipeline: School Discipline And Tragedy On American Indian Reservations, Melina Healey

Scholarly Works

American Indian adolescents in Montana are caught in a school-to prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. While these are typical of the school-to-prison phenomenon as it also appears in poor minority communities across the country, the rates and the disproportion for American Indians in Montana are particularly acute. Even more disturbing, many American Indian students in Montana are also the victims of another heartbreaking trend related to the school-to-prison pipeline — alarming levels of adolescent suicides and self-harm. The tragic situation …

What We Disagree About When We Disagree About School Choice, Aaron J. Saiger

Faculty Scholarship

The debate over school vouchers, charter schools, and other varieties of school choice has become a bit stale. It would improve were advocates on all sides to acknowledge several crucial realities that they too often obfuscate. First, the debate is fundamentally normative, not empirical. The desirability of choice depends primarily upon how we weigh competing claims of equality and liberty in education. Second, all participants in the debate should acknowledge both that constrained choice is still genuine choice, and that how and to what extent parental decisions are constrained are fundamental issues in choice policy. Finally, with respect to the …

Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod

Faculty Articles

In the stories told by opinion makers and many law professors, American constitutional law is concerned with two things-individual rights and the powers of government-and it is settled by the Court, which was established by Article III of our national Constitution. In those now-familiar tales, the United States Supreme Court creates constitutional law when heroic individuals assert their fundamental rights against an overreaching state and when Congress, state legislatures, and executive agencies are called upon to justify their expert enactments to an overreaching judiciary. To settle these constitutional disputes the Court looks either to the text of the written Constitution …

Learning To Litigate: University Patents In The Knowledge Economy, Jacob H. Rooksby

Law Faculty Publications

Over the nearly two de cades since the publication of Academic Capitalism: Politics, Policies, and the Entrepreneurial University (Slaughter and Leslie 1997), the model of academic capitalism has become one of the more widely cited conceptual frameworks in the global literature on higher education. Works in the academic capitalist canon have relied on the two basic understandings of the theory of academic capitalism and the new economy, as articulated by Slaughter and Leslie (1997), Slaughter and Rhoades (2004), and Rhoades and Slaughter (2006). Rhoades and Slaughter (2006) summarize these two conceptual strands as “the increasing engagement of higher education institutions …

Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson

Articles & Chapters

Punitive school discipline procedures have increasingly taken hold in America’s schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more, disproportionately affect minority communities: the school-to-prison pipeline, high school dropout rates, the push-out phenomenon, and the criminalization of schools.

Before such pervasive racial inequality can be addressed effectively, the social and the psychological mechanisms that create racial inequality in the first place must be examined. This Comment offers insights from the field …

Tenure, The Aberrant Consumer Contract, James J. White

Articles

This symposium concerns asymmetric contracts, usually contracts where one party has great power and the other has little. The papers deal generally with contracts between consumers who get a “take it or leave it” offer and corporations such as Hertz, Microsoft, Verizon, and General Motors who draft the contracts according to their wishes. In almost all of these asymmetric contracts the stronger (corporations) writes the terms and presents them to the weaker (consumers) for signing without negotiation. Indeed the corporate agent with whom the consumer deals (e.g., the person at the Hertz desk) has no authority to change the contract …

Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily F. Suski

Cleveland State Law Review

Sometimes the very people who are supposed to teach, nurture, and protect students in public schools—the students’ teachers, principals, coaches, and other school officials—are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or physical. Yet, an analysis …