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Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas 2012 University of Houston - Main

Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas

Indiana Law Journal

Jerome Hall Lecture, Indiana University Maurer School of Law, Bloomington, Indiana, January, 2011.


How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia 2012 University of Florida Levin College of Law

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

UF Law Faculty Publications

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …


Dead Document Walking, Gary S. Lawson 2012 Boston Univeristy School of Law

Dead Document Walking, Gary S. Lawson

Faculty Scholarship

As this symposium commences, originalism is a hot topic to discuss and a cool position to advocate. Either portion of that statement would have been nearly inconceivable two decades ago when I started in academia. Originalism at that time was something of an intellectual backwater, with a very limited set of adherents and an even more limited set of critics who were willing to take originalist ideas seriously.1


Table Of Contents, 2012 University of South Carolina

Table Of Contents

The Journal of Law and Education

No abstract provided.


Commentary - Primary & Secondary Education, 2012 University of South Carolina

Commentary - Primary & Secondary Education

The Journal of Law and Education

No abstract provided.


Adderall Abuse: Regulating The Academic Steroid, Stefanie Stolz 2012 University of South Carolina

Adderall Abuse: Regulating The Academic Steroid, Stefanie Stolz

The Journal of Law and Education

No abstract provided.


The Other Achievement Gap: Court-Dependent Youth And Educational Advocacy, Jesse Hahnel, Caroline Van Zile 2012 University of South Carolina

The Other Achievement Gap: Court-Dependent Youth And Educational Advocacy, Jesse Hahnel, Caroline Van Zile

The Journal of Law and Education

No abstract provided.


The Playground Bully Has Gone Digital: The Dangers Of Cyberbullying, The First Amendment Implications, And The Necessary Responses, Jamie Wolf 2012 Benjamin N. Cardozo School of Law

The Playground Bully Has Gone Digital: The Dangers Of Cyberbullying, The First Amendment Implications, And The Necessary Responses, Jamie Wolf

Cardozo Public Law, Policy & Ethics Journal

The note argues that cyberbullying has evolved into a significant issue in the digital age, requiring a reevaluation of First Amendment protections and legislative responses. It critiques the current legal framework, particularly the Tinker v. Des Moines standard, for failing to adequately address off-campus speech that impacts the school environment. The author advocates for a balanced approach that protects victims while ensuring due process, emphasizing the need for comprehensive statutes and proactive measures by schools and parents.


Law And Policy Entrepreneurs: Empirical Evidence On The Expansion Of School Choice Policy, Michael Heise 2012 Cornell Law School

Law And Policy Entrepreneurs: Empirical Evidence On The Expansion Of School Choice Policy, Michael Heise

Cornell Law Faculty Publications

This study leverages event history analysis to help explain the expansion of public charter school legislation between 1991–2006. This study expands previous work in two important ways. First, while critical distinctions separate public charter school and school voucher programs, both fall comfortably within the broader rubric of “school choice.” As such, it is difficult to understand the development of state legislation for one school choice variant independent of the other. Thus, this analysis includes the presence of publicly- or privately-funded voucher programs in a state as a possible factor influencing the adoption of charter school legislation in a state. Second, …


Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett 2012 Notre Dame Law School

Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett

Journal Articles

An essay is presented on Catholic and charter schools and the closing of such schools in the U.S. The academic performance, parental involvement and the after-school religious education targeted for charter school students is discussed. The connections between the Catholic and charter schools and the legal issues governing conversion to charter schools is also discussed along with the concerns in the urban community due the closure of Catholic schools.


The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery 2012 University of Washington School of Law

The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery

Washington International Law Journal

The hukou system in China uses residency permits to divide Chinese citizens into urban and rural dwellers. A person’s hukou status determines his or her access to state services. Under normal circumstances, a person with a rural hukou status is not eligible for state services in urban areas, and vice versa. Because hukou is primarily inherited from one’s parents at the time of birth, children born in urban areas to parents with rural hukou are similarly designated as rural hukou holders. As a result, children living in cities with rural hukou are ineligible for enrollment in urban public schools even …


The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer 2012 William & Mary Law School

The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer

Faculty Publications

Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.


Traditional And Charter School Funding In Arkansas, Reed Greenwood, Gary W. Ritter 2012 University of Arkansas, Fayetteville

Traditional And Charter School Funding In Arkansas, Reed Greenwood, Gary W. Ritter

Policy Briefs

Charter schools, once considered an anomaly, are becoming increasingly common in the U.S. There are concerns among some education stakeholders that charter schools pull funding away from traditional public schools, since a large portion of education funds follow the student to the charter school. Conversely, some argue that there are funding inequities that favor public schools. These individuals claim that since charter schools are public schools, the funds allocated to them should be the equivalent of that received by the traditional public schools. This brief examines funding of traditional and charter schools in Arkansas


Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer 2012 University of Connecticut - Storrs

Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer

Honors Scholar Theses

This study explored how knowledgeable pre service teachers in the Neag School of Education at the University of Connecticut were in the field of student rights and tort liability. This field has grown in importance due to a recent increase in student lawsuits and the expectations that teachers know these laws when they become certified. A total of 183 students were given a survey in their education classes with 27 statements of famous misconceptions about student rights and tort liability. Students were asked to determine if these statements were true or false and how confident they were in their answer. …


Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal 2012 Pepperdine University

Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal

Pepperdine Law Review

No abstract provided.


Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha 2012 University of South Florida

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen 2012 Brigham Young University Law School

Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen

BYU Law Review

No abstract provided.


No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang 2012 S.J. Quinney College of Law at the University of Utah

No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang

Buffalo Law Review

No abstract provided.


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears 2012 University of Richmond School of Law

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

University of Richmond Law Review

No abstract provided.


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears 2012 University of Richmond

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

Law Student Publications

The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.


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