Education Law Commons^™

The Legal And Policy Implication Of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, Joseph Oluwole

Brigham Young University Education and Law Journal

No abstract provided.

An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton Martin

Brigham Young University Education and Law Journal

No abstract provided.

Keeping Score: How Universities Can Comply With Title Ix Without Eliminating Men's Collegiate Athletics Programs, Patrick J. Mcandrews

Brigham Young University Education and Law Journal

No abstract provided.

Grey Areas In The Higher Education Sector: Legality Versus Corruptibility, Ararat L. Osipian

Brigham Young University Education and Law Journal

No abstract provided.

Public Education And Student Privacy: Application Of The Fourth Amendment To Dormitories At Public Colleges And Universities, Bryan R. Lemons

Brigham Young University Education and Law Journal

No abstract provided.

Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …

Mortgaging Human Capital: Federally Funded Subprime Higher Education, Jean Braucher

Washington and Lee Law Review

The for-profit higher education sector, primarily funded by federal student aid dollars, produces both the highest debts and defaults and lowest completion rates for its students. In response, the U.S. Department of Education (DOE) has promulgated the Gainful Employment Rule to require for-profit colleges and universities to meet either repayment or debt-to-income benchmarks to remain eligible to receive federal Higher Education Act funding. This Article describes the business model of the career colleges and their rapid growth over the last decade, the history of proprietary school regulation, the limited remedies for overindebtedness of former students, and the tests imposed by …

Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Who could have anticipated the effect of the Internet on education, or of social networking sites such as Facebook or MySpace? Yet given the relatively new state of the law, as the legal system struggles to keep pace with technological advances, the courts are reaching markedly different outcomes on the extent to which education officials can punish students who violate school rules, especially if their behavior originated out of school or involved First Amendment free speech claims.

In light of the legal and technological challenges facing school business officials (SBOs), school boards, and other education leaders, the first part of …

This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni

Journal of Collective Bargaining in the Academy

Studies of collective bargaining have often centered on technique, style and the economic data that each side can use in bargaining a labor contract. Often overlooked, however, are the more subtle factors that influence the outcome of a round of bargaining. This article will reflect upon five of those intangible influences, namely, 1) the role of history; 2) the setting of expectations; 3) the nature and character of the people in the process; 4) the aspects of timing in negotiations and 5) the element of catharsis. The author has noted these five factors in his long career at the bargaining …

Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley

Pepperdine Law Review

No abstract provided.

Recovering Subsidiarity In Family Life Education, Karen Jordan

William & Mary Journal of Race, Gender, and Social Justice

This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …

We Are Mad About The Wrong Thing, Tanya M. Washington

Faculty Publications By Year

No abstract provided.

Quality Counts 2012, Misty Newcomb, Gary W. Ritter

Policy Briefs

In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 16th annual report - Quality Counts 2012 - was released in January. Overall, Arkansas ranked 5th among the 50 states and was one of only nine states in the U.S. that received a B. This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report itself.

Alumni Association Of The Arab Orthodox School In Haifa V. Minister Of Finance, Miriam Naor, Dorit Beinisch, Eliezer Rivlin

Translated Opinions

Facts: The Budget Elements Law was amended in 2011 to include a new section 3b, which provided that if an entity that receives support or budgeting from the government incurs an expense that falls within any of several listed categories, the Minister of Finance can reduce the entity’s budget or support by an amount no greater than three times the size of the said expense. Of the categories listed, the petitioners focused their challenge on two of them: the first, sub-section 3b(b)(1), referring to an expense which was “in essence” a negation of the values of the State of Israel …

"Hope And Despondence": Emerging Adulthood And Higher Education's Relationship With Its Nonviolent Mentally Ill Students, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy, Christina Meneses, Nicole Grimm

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Decriminalizing Campus Institutional Responses To Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff

University of Michigan Journal of Law Reform Caveat

The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …