Education Law Commons^™

Flawed But Noble: Desegregation Litigation And Its Implications For The Modern Class Action, David Marcus

Florida Law Review

In this Article, I excavate the historical answer to the Rule 23 puzzle, one that suggests that the rule’s structure has little to do with theoretical distinctions between types of remedies. Far more important was the particular moment in American history during which the Federal Civil Rules Advisory Committee (the “1966 authors”) undertook the revision of Rule 23. To capture this moment, I reconstruct a neglected chapter in procedural history that stretches from 1938, when the first Rule 23 went into force, to the early 1960s, when the 1966 authors labored. I pay particular attention to Rule 23′s experience in …

Banning Books In Public Schools: Board Of Education V. Pico, Kelly Bowers

Pepperdine Law Review

In Island Trees Union Free School District v. Pico five members of the Supreme Court, in three separate opinions, held that the first amendment places some constraints on a school board's power to remove books from its school libraries. Although the opinions were couched in terms of preventing censorship, the effect of this decision was to create a right guaranteeing students access to books approved by the federal judiciary.

The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg

Pepperdine Law Review

Since the infamous Scopes trial the matter of the constitutional validity of the "anti-evolution" laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the "balanced treatment" acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the "anti-evolution" and "balanced treatment" acts and provides an historical perspective of the first amendment to question the Court's response to the issue.

School Security Considerations After Newtown, Jason P. Nance

UF Law Faculty Publications

On December 14, 2012, and in the weeks thereafter, our country mourned the deaths of twenty children and six educators who were brutally shot and killed at Sandy Hook Elementary School in Newtown, Connecticut. Since the horrific massacre, parents, educators, and lawmakers have understandably turned their attention to implementing stronger security measures in schools. This essay provides important points for policymakers and school officials to consider before embarking on a new phase of school security upgrades.

The Utilization Of Intermediate Scrutiny In Establishing The Right To Education For Undocumented Alien Children: Plyler V. Doe, Diane I. Osifchok

Pepperdine Law Review

The recent decision in the case of Plyer v. Doe has seemingly solidified the use of the intermediate level of scrutiny as a legitimate standard of review. The Supreme Cour4 in its refusal to apply both the harsh level of strict scrutiny and the often inadequate lower level of a rational basis standard, sought a mid-level analysis. Thus, the intermediate level of review enabled the Court to hold the Texas statute which denied undocumented alien children a free public education constitutionally infirm.

Student Speech And The First Amendment: A Comprehensive Approach, Lee Goldman

Florida Law Review

This Article presents a comprehensive approach to student speech cases applicable to both traditional and new media. The Article argues that student speech should be treated differently depending upon whether the speech occurs under school supervision. In particular, student speech outside school supervision should receive the same First Amendment protection accorded non-students in parallel settings. Student speech under school supervision may be disciplined if it is lewd, advocates illegal action, can be deemed school-sponsored speech, or can reasonably be predicted to cause a substantial disruption to the school’s activities. Moreover, school officials’ disciplinary decisions regarding on-campus student speech should be …

Marsh V. Chambers: The Supreme Court Takes A New Look At The Establishment Clause, Diane L. Walker

Pepperdine Law Review

No abstract provided.

Why Can't We Be Friends?: How Far Can The State Go In Restricting Social Networking Communications Between Secondary School Teachers And Their Students?, Elise Rosen Puzio

Cardozo Law Review

No abstract provided.

Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull

Pepperdine Law Review

In Mississippi University for Women v. Hogan, the United States Supreme Court was presented with an equal protection challenge initiated by a male who was denied admission to a state-supported all-female school of nursing. After a review of relevant decisions in this area, the author examines the Supreme Court's intermediate level of scrutiny analysis and argues that application of a higher level of scrutiny to gender-based classifications is a prerequisite to true equality between the sexes.

An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell

Pepperdine Law Review

Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of Title IV educational funds by students who do not comply with draft registration requirements. In Selective Service System v. Minnesota Public Interest Research Group, the United States Supreme Court upheld section 1113 in the face of a multi-tiered constitutional challenge. After exploring the history of section 1113, the author examines the Supreme Court's analysis of each of the constitutional challenges: bill of attainder, privilege against self-incrimination, and equal protection. Finally, the author investigates the probable impact of the Court's decision.

Aids: Do Children With Aids Have A Right To Attend School?, Gilbert A. Partida

Pepperdine Law Review

No abstract provided.

New Jersey V. T.L.O.: The Supreme Court Severely Limits Schoolchildrens' Fourth Amendment Rights When Being Searched By Public School Officials, Missy Kelly Bankhead

Pepperdine Law Review

No abstract provided.

Academic Performance Of Charter Schools In Arkansas: 2011-2012, Reed Greenwood, Gary W. Ritter

Policy Briefs

The 2013 legislative session is underway, and there are a number of policy changes under consideration. One hotly-debated issue involves whether the state should allow for multiple authorizers for charter schools (currently, only the State Board of Education may authorize charter schools). Moreover, several charter schools will testify before the State Board of Education in spring 2013 seeking charter reauthorization. As the issue of charter schools again takes center stage, we present an extension of our 2012 policy brief focused on charter schools. While our previous brief presented descriptive data on state’s open enrollment charter schools, this policy brief takes …

Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead

Pepperdine Law Review

No abstract provided.

Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose

Pepperdine Law Review

No abstract provided.

Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile

Pepperdine Law Review

No abstract provided.

Public Law And Social Human Rights, Areto A. Imoukuede

Faculty Books and Book Contributions

This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.

Reexamining The Examiners: The Need For Increased Government Regulation Of Accreditation In Higher Education, Sarah Molinero

Duquesne Law Review

Higher education institutions in the United States must be accredited by an agency recognized by the Department of Education to be eligible to receive federal funding, making accreditation critical to an institution's survival. But while the federal government relies on accreditation as a benchmark for dispersing billions of taxpayer dollars each year, it specifically disclaims accountability for the quality of education that students actually receive at accredited institutions.

With the increase in for-profit education, mounting student loan debt, and a growing trend in competition for international student recruitment, the accreditation system utilized in the United States for over 100 years …

Ferpa: To Release Or Not To Release – That Is The Question, Sonja G. Cantrell

Admissions Faculty Research

FERPA is also referred to as the Buckley Amendment, which was originally created in 1974, and named after one of the proponents of the law, former New York Senator James. In my university’s Registrar’s Office, we receive requests to release non-directory student information almost daily, such as student class schedules or the grade received in a certain class. Requests come from a range of sources, including prospective employers, family members of elderly alumni, branches of the military, subpoena by courts or attorneys, and organizations seeking membership. Nevertheless, wherever these requests are generated, employees in my field must follow FERPA law …

Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein

Richmond Journal of Law and the Public Interest

By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does …