Education Law Commons^™

New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard

Brigham Young University Education and Law Journal

No abstract provided.

The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro

Brigham Young University Education and Law Journal

No abstract provided.

Examining Context In The Conflict Over Same-Sex Marriage And Education: The Relevance Of Substance, Process And The People Involved, Richard Peterson

Brigham Young University Education and Law Journal

No abstract provided.

Same-Sex Marriage And Education: Implications For Schools, Students, And Parents, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.

Same-Sex Marriage, Education, And Parental Rights, Richard S. Myers

Brigham Young University Education and Law Journal

No abstract provided.

Stripped Of Meaning: The Supreme Court And The Government As Educator, Justin R. Chapa

Brigham Young University Education and Law Journal

No abstract provided.

The Forgotten Students: The Implications Of Federal Homeless Education Policy For Children In Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley

Brigham Young University Education and Law Journal

No abstract provided.

School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard

Brigham Young University Education and Law Journal

No abstract provided.

Contracts, Control And Charter Schools: The Success Of Charter Schools Depends On Stronger Nonprofit Board Oversight To Preserve Independence And Prevent Domination By For-Profit Management Companies, Julia L. Davis

Brigham Young University Education and Law Journal

No abstract provided.

Psychology And Law In The Classroom: How The Use Of Clinical Fads In The Classroom May Awaken The Educational Malpractice Claim, Brian J. Gorman, Catherine J. Wynne, Christopher J. Morse, James T. Todd

Brigham Young University Education and Law Journal

No abstract provided.

Bullying In Public Schools: The Intersection Between The Student's Free Speech Rights And The School's Duty To Protect, Elizabeth M. Jaffe, Robert J. D'Agostino

Mercer Law Review

The 2009 case of eleven-year-old Jaheem Herrera's suicide in Georgia, which resulted after alleged repeated verbal bullying by his classmates, presents an interesting question regarding whether public schools must take action to prevent this type of behavior even if it does not disrupt the classroom. The issue to be addressed is not what speech schools can censor but whether schools must censor or prevent certain speech that has a harmful effect on the educational environment for a specific student or a specifically identifiable group of students.

If a public school student has a civil or liberty right to his education,' …

The Value Of Value-Added Measures, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The concept of value-added measures of teacher or school effectiveness is prompting a great deal of discussion in K-12 Education policy circles. This debate reached a boiling point last year when the Los Angeles Times published a database of the value-added scores for all teachers in the nation's second largest school district. Proponents argue value-added measures provide important information on school and teacher effectiveness. Opponents argue value-added measures are imprecise instruments which measure student background instead of teacher or school quality. The purpose of this policy brief is to provide the reader with a general understanding of the concept of …

Quality Counts 2011, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

On January 11, Education Week released its 15 th annual Quality Counts report. Since 1997, Education Week has been releasing yearly report cards for each state and the nation as a whole. These report cards attempt to measure educational progress and success in several areas as well as assign an overall letter grade to each state. Some of the grades assigned in the report cards measure the strength of states’ policies, while others measure educational inputs (school funding, job markets) or outputs (K-12 achievement)

Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai

Michigan Journal of Gender & Law

In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …

Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff

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

No abstract provided.

Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss

Richmond Journal of Law & Technology

In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

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

No abstract provided.

My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will …

Schools: Where Fewer Rights Are Reasonable? Why The Reasonableness Standard Is Inappropriate To Measure The Use Of Rfid Tracking Devices On Students, 28 J. Marshall J. Computer & Info. L. 411 (2011), Alexandra C. Hirsch

UIC John Marshall Journal of Information Technology & Privacy Law

In an unsuccessful attempt to heighten security, schools are implementing a technology that offers access to children’s personal information and minute-by-minute location. Although not entirely new, Radio Frequency Identification (RFID) technology use has recently been expanding within the school arena. Skeptics knowledgeable about the downfalls of the technology, however, have reason to be concerned. In order to understand the true urgency of this issue, this comment will explain the background of RFID technology, specifically what RFID tags are, how they are used, their purposes, and how they have become unsafe. Included will be an explanation of the reasons that schools …

Moving Beyond The Safety Zone: A Staff Development Approach To Anti-Heterosexist Education, Scott Hirschfeld

Fordham Urban Law Journal

Like the rest of the world, most teachers and administrators were raised and schooled in a society that considered homosexuality a sickness--a topic unsuitable for discussion in both classroom and faculty room. Though mainstream attitudes have shifted in recent years, LGBT issues remain largely taboo in school communities. Despite the preponderance of character education and anti-bullying programs in American classrooms today, it is evident that schools are not safe and affirming places for a significant number of students and their families. It is therefore essential to question the nature and effectiveness of the trainings and interventions schools use--if they use …