On The Need For Public Boarding Schools,
2012
Drexel University Earle Mack School of Law
On The Need For Public Boarding Schools, Bret D. Asbury, Kevin Woodson
Georgia Law Review
Nowhere is the inadequacy of American public
education more striking than in high-poverty, urban
schools populated by disadvantaged minority students.
Despite decades of legal, policy, and scholarly efforts
aimed at addressing the challenges facing these schools,
the academic prospects of poor students are currently as
grim as they have been in recent memory. Reformers
seeking to address this problem have largely focused on
transforming public education from within by focusing on
school conditions or teacher performance. These efforts
have largely failed to bring about real progress: despite
decades of litigation and reform, our nation's most
disadvantaged children continue to lack …
Changing The Conversation In Education Law: Political Geography And Virtual Schooling Book Review Essay,
2012
Fordham University School of Law
Changing The Conversation In Education Law: Political Geography And Virtual Schooling Book Review Essay, Aaron J. Saiger
Faculty Scholarship
In Five Miles Away, A World Apart, James E. Ryan concludes that the educational reforms of the hour, school accountability and school choice, will exacerbate rather than undermine the systematic educational advantages enjoyed by wealthier Americans. Paul Peterson, in his Saving Schools, argues that increasingly centralizing American schools have become sufficiently centralized that, as a labor-intensive industry, few productivity gains are available from governance reform, even as demand escalates for the customization of education to individual needs. Both volumes therefore pin their hopes for change upon political geography-the relationship between people and educational institutions in space. Ryan argues that changing …
Catholic Schools, Charter Schools, And Urban Neighborhoods,
2012
Notre Dame Law School
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Journal Articles
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …
Catholic Schools And Broken Windows,
2012
Notre Dame Law School
Catholic Schools And Broken Windows, Nicole Stelle Garnett
Journal Articles
Our previous work has suggested that the closure of Catholic elementary schools generates disorder and suppresses social cohesion in urban neighborhoods-findings that support the conclusion that Catholic elementary schools create neighborhood social capital. We extend our inquiry here by asking if Catholic school closures might also affect crime rates. Using factors independent from neighborhood indicators, specifically school and parish leadership characteristics, we created an exogenous factor that predicted which Catholic schools might close in urban Chicago, and used that factor, with sociodemographic variables, to predict police-beat-level crime rates. We find that Catholic school closures slow the rate of decline of …
Catholic Schools, Charter Schools, And Urban Neighborhoods,
2012
Notre Dame Law School
Catholic Schools, Charter Schools, And Urban Neighborhoods, Nicole Stelle Garnett
Journal Articles
This Article addresses previously unstudied implications of two dramatic shifts in the American educational landscape. The first shift is the rapid disappearance of urban Catholic schools. More than 1,600 Catholic elementary and secondary schools, most of them located in urban neighborhoods, have closed during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Since the economic and demographic realities underlying urban Catholic school closures persist, this trend likely will continue and even accelerate in coming years. The second shift is the rise of charter schools. In 2010 more than …
Legislating Inclusion,
2012
American University Washington College of Law
Legislating Inclusion, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century,
2012
American University Washington College of Law
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned,
2011
Brigham Young University Law School
Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr
BYU Law Review
No abstract provided.
To License Or Not To License? A Look At Differing Approaches To Policing The Activities Of Nonlawyer Immigration Service Providers,
2011
Fragomen, Del Rey, Bernsen & Loewy, LLP
To License Or Not To License? A Look At Differing Approaches To Policing The Activities Of Nonlawyer Immigration Service Providers, Careen Shannon
Cardozo Law Review
State (and some local) governments have struggled to find ways to protect immigrants from exploitation by persons falsely holding themselves out as immigration lawyers or claiming expertise as notarios or immigration consultants. Existing legislation ranges from attempts to regulate the activities of nonlawyer immigration service providers (ISPs) by delineating prohibited practices; to requiring ISPs to post a bond or register with the state; to specifically restricting the provision of immigration assistance for compensation by any nonlawyer who is not accredited by the Board of Immigration Appeals to transcription, translation, document procurement and related clerical tasks. A comparative look at the …
Special Education Year In Review: What's New Legally And So What For Us?,
2011
Touro University Jacob D. Fuchsberg Law Center
Special Education Year In Review: What's New Legally And So What For Us?, Lynwood E. Beekman
Touro Law Review
No abstract provided.
Nclb Waivers,
2011
University of Arkansas, Fayetteville
Nclb Waivers, Misty Newcomb, Gary W. Ritter
Policy Briefs
No Child Left Behind, or the Elementary and Secondary Education Act, is long overdue for reauthorization. Speculation concerning when and how this controversial act would be reauthorized has occurred throughout the Obama administration. In a somewhat surprising move last week, President Obama unilaterally created rules for NCLB waivers. This policy brief provides a brief background, followed by a discussion on the new NCLB flexibility and how these changes could affect schools in Arkansas.
Stop With The Exceptions: A Narrow Interpretation Of Tinker For All Student Speech Claims,
2011
Benjamin N. Cardozo School of Law
Stop With The Exceptions: A Narrow Interpretation Of Tinker For All Student Speech Claims, Matthew Sheffield
Cardozo Public Law, Policy & Ethics Journal
The article examines the evolution of First Amendment rights for students in public schools, focusing on the landmark *Tinker v. Des Moines Independent School District* decision and its subsequent interpretations. While Tinker established that students retain their constitutional rights in schools, later Supreme Court rulings, such as Fraser, Hazelwood, and Morse, have narrowed its application, balancing student free speech against school administrative concerns. The article argues that these post-Tinker decisions are consistent with the original intent of Tinker and advocate for a narrow application of its principles to maintain equilibrium between student rights and school authority.
Raising The Kindergarten Entry Age,
2011
University of Arkansas, Fayetteville
Raising The Kindergarten Entry Age, Misty Newcomb, Gary W. Ritter
Policy Briefs
In recent years, the standards in Arkansas for entry into kindergarten underwent changes that can be difficult to understand. Across the nation, states have increased the minimum age of entry into public schools, and Arkansas is no exception. Recently, a policymaker in our state asked the OEP to look into the research surrounding the question of raising the kindergarten entry age. This policy brief discusses the new requirements as well as the impact of these requirements on families and children in the short and long term by looking at recent changes in Arkansas law and studies concerning the effect of …
Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It,
2011
University at Buffalo School of Law (Student)
Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill,
2011
Washington and Lee University School of Law
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Washington and Lee Law Review
On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School,
2011
Thomas Jefferson School of Law
The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo
Michigan Journal of Race and Law
In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …
Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?,
2011
Brigham Young University Law School
Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant
BYU Law Review
No abstract provided.
When Districts Are Taken Over By The State,
2011
University of Arkansas, Fayetteville
When Districts Are Taken Over By The State, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
Two types of state takeovers have been in the news this summer. The news extensively covered the state takeover of Helena-West Helena School District and Pulaski County Special School District due to fiscal issues. At their August meeting, State Board of Education members discussed amending the Academic Distress Rules in a manner that would more easily enable state takeovers on the basis of academic distress. This policy brief discusses the various classifications that might lead to a state takeover and the subsequent implications of such classifications. According to Arkansas law, namely The Omnibus Quality of Education Act of 2003, schools …
2011 Arkansas Benchmark Test Results: District By District Scores,
2011
University of Arkansas, Fayetteville
2011 Arkansas Benchmark Test Results: District By District Scores, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
One day after the Arkansas Department of Education (ADE) released the results from the spring 2011 Arkansas Benchmark exams, the OEP received a call from a local constituent asking how districts in Northwest Arkansas compared to the rest of the state. Surprisingly, this type of question - often asked by educators, policymakers, researchers, parents, and concerned citizens - is not that easy to answer by simply glancing at the ADE-provided data. 1 Therefore, we put together a little policy brief to make the data more clearly understood.
Holding Schools Accountable For Their Sex-Ed Curricula,
2011
Liberty University
Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen
Faculty Publications and Presentations
This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …
