Education Law Commons^™

They Managed A Protest: Prohibitory, Ethical, And Prudential Policing Of Academic Speech, David Schraub

BYU Law Review

No abstract provided.

“Very Little Cause At All”: The Erosion Of Job Security For Ohio Teachers, Philipp Corfman

Cleveland State Law Review

As education becomes an increasingly divisive partisan issue, with teachers caught in the crossfire, it is more important than ever that teachers have protection from unfair or politically-motivated terminations. The Ohio Teacher Tenure Act was enacted 80 years ago to give teachers this essential job security. However, this Note examines the bizarre fact that, after a recent series of state court opinions, the Act now gives Ohio teachers less job security than other unionized public employees. By essentially forbidding adjudicators of teacher terminations from considering proportionality, length of service, and due process, these holdings leave teachers in a far more …

Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee

St. Mary's Journal on Legal Malpractice & Ethics

Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.

This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …

Gay Students Organization V. Bonner: Expressive Conduct And First Amendment Protection, Maine Law Review

Maine Law Review

After the Gay Students Organization, an officially recognized student group at the University of New Hampshire, held a dance on campus on November 9, 1973, the Governor of New Hampshire complained to the university's Board of Trustees about the impropriety of allowing such a "spectacle." The next day the Trustees banned all further G.S.O. social functions until the matter could be legally resolved. In Gay Students Organization v. Bonner, the G.S.O. brought an action for a declaratory judgment on the constitutionality of the university's ban. The court held the ban to be an unconstitutional restriction of the group's freedom of …

The Challenges Facing Academic Freedom And Free Speech, Keith E. Whittington

Catholic University Law Review

There are growing challenges to free speech and academic freedom on American college campuses. There is pressure from both the political left and the political right to suppress controversial speech on campus, and there are calls to restrict speech that come both from members of the campus community and from those beyond the campus gates. In this difficult environment, it is essential that academics both understand the principles of academic freedom and campus free speech and work to advocate for them.

Oklahoma Statewide Charter School Board V. Drummond, Et Al.: Brief Of Amici Curiae Constitutional And Education Law Scholars In Support Of Respondent, Elise Davis Boddie

Appellate Briefs

As Amici Curiae, the Constitutional and Education Law Scholars listed in the Appendix submit this brief in support of Respondent. Amici are immersed in the study of constitutional and education law through their scholarship and teaching and believe in upholding core constitutional rights in the provision of public education. Amici are acutely aware of the role public education has historically played in preserving and making possible our democratic system of government. Amici seek to assist this Court by explaining how state laws have created charter schools as a means of discharging states’ core constitutional obligations to provide public education …

Labor Law: Teacher Disputes, Maine Law Review

Maine Law Review

The vast majority of labor law issues presented to the Maine Supreme Judicial Court during the previous seven years were rooted in the confusion surrounding the role of collective bargaining in public school teacher disputes. Indicative of the unsettled nature of this area is the tension between the teacher termination statutes and the Municipal Public Employee Labor Relations Law (hereinafter referred to as MPELRL). Despite the later enactment of MPELRL and its more specific provisions, the court has consistently refused to give it wide application in teacher disputes, choosing instead to rely on the more amorphous statutory provisions defining the …

Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson

Legal Writing Competition Winners

Do law schools foster a culture of kindness? This essay argues that law schools’ policies do not adequately address non-academic misconduct, resulting in university policies that fail to promote good moral character. This argument is supported by analyzing a sample of law school student conduct and honor codes, examining anecdotal evidence of law school experiences, and looking at American Bar Association (ABA) regulations. This essay concludes that current honor codes are inconsistent and insufficient and provides suggestions to improve the Model Rules of Professional Conduct, add a Standard for ABA law school regulation, and institute honor codes regarding non-academic misconduct.

Analysis Of Students' Legal Awareness For Bullying Prevention In Surakarta Schools, Triana Rejekiningsih, Maram Taher

Jurnal Civics: Media Kajian Kewarganegaraan

This study investigates the legal awareness of students in Surakarta junior high schools concerning preventing bullying, intending to promote quality education in alignment with Sustainable Development Goals (SDGs). The research explores students' understanding, potential, and awareness of bullying prevention using qualitative and descriptive methods. Bullying encompasses various forms of violence, including physical, verbal, social, and cyber forms, often characterised by intimidation. The findings revealed that 90.99% of students reported experiencing bullying, predominantly verbal, with 53.25% subjected to discriminatory behaviour. Although 70% acknowledged the occurrence of physical and verbal violence, there was a noted deficiency in effective preventive measures, indicating a …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Act 388: An Examination Of How An Obscure Property Tax Law Revolutionized Property Tax Funding In South Carolina, Katie Boyette

The Journal of Law and Education

No abstract provided.

The Art Of Advocacy Revealed Through Law School Curriculum, Ashley Jones Hall

The Journal of Law and Education

No abstract provided.

No Child Left Behind Bars: The Educational Attainment Of Children With Incarcerated Parents, Nate Tackett

The Journal of Law and Education

No abstract provided.

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …

Accommodations For Teachers With Disabilities, Macy Gault

The Journal of Law and Education

No abstract provided.

Lockdown Lessons: How Remote Proctoring Continues To Discriminate Against Disabled Students In A Post-Covid Era, Abigail Johanson

The Journal of Law and Education

No abstract provided.

The Dischargeability Of Student Loans Through Bankruptcy: Does The Undue Hardship Standard Adversely Burden Consumer Debtors?, Jitwan Floyd

The Journal of Law and Education

No abstract provided.

The Impact Of The National Teacher Shortage On The Right To An Adequate Education, Anslee Wood

The Journal of Law and Education

No abstract provided.

The Misfortune Of Attending School While Black In A Fifth Circuit State, Shelley Ward Bennett

Washington and Lee Law Review

Tens of thousands of children, including disproportionate numbers of Black children, are hit in school every year. More than 50 percent of these students live in the Fifth Circuit states of Mississippi, Louisiana, and Texas. Decades of government data, including the Department of Education’s most recent reports, reveal that Black students receive alarmingly inequitable rates of corporal punishment, demonstrating this education practice to be a legal form of institutionalized racism.

This Article uniquely focuses on the archaic discipline practice’s effects on Black students in Fifth Circuit states. Fifth Circuit law addressing students’ rights in corporal punishment cases has developed into …

Navigating The Legal Risk Universities' Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes' Future Nil Income While Following The Ncaa's Mental Health Best Practices, Kenneth D. Ferguson

Faculty Works

This Essay is written to address a series of questions encompassing name, image, and likeness (NIL) opportunities available to collegiate athletes in sports where the potential is high for head and other career-ending injuries. Sports performance can produce significant economic value through NIL. Decisions made by team physicians, athletic trainers, or other healthcare professionals may affect a collegiate athlete's potential for financial gains expected through NIL. These physicians, athletic trainers, and other healthcare professionals will have to consider whether they could be held personally liable for health care-related decisions affecting financial gains collegiate athletes could potentially experience from NIL.

Part …