Education Law Commons^™

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Federal Communications Law Journal

This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.

Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund for high-quality public …

University Tort Liability For Student Suicide: The Sky Is Not Falling, Richard Fossey, Heather E. Moore

The Journal of Law and Education

No abstract provided.

Primary & Secondary Education

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Do Higher Education Institutions Have A Misunderstanding Of The Fundamental Research Exemption: How Export Control Regulations Change University Research, William Metcalf

The Journal of Law and Education

No abstract provided.

U.S. Legal Education Methods And Ideals: Application To The Japanese And Korean Systems, Matthew J. Wilson

Cardozo Journal of International and Comparative Law

The article examines the adoption of American-style legal education in Japan and South Korea, highlighting both the opportunities and challenges these reforms present. While these countries aim to enhance legal professionalism and competency by integrating practical skills and interactive teaching methods, they face significant cultural, structural, and systemic barriers. The analysis underscores the importance of adapting legal education to local contexts while balancing theoretical and practical training to meet global legal demands.

Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson

Brigham Young University Education and Law Journal

No abstract provided.

The State Constitutionality Of Voucher Programs: Religion Is Not The Sole Determinant, Preston C. Green Iii, Peter L. Moran

Brigham Young University Education and Law Journal

No abstract provided.

Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

Outside The Lines: The Case For Socioeconomic Integration In Urban School Districts, Taryn Williams

Brigham Young University Education and Law Journal

No abstract provided.

In-State Tuition And Illegal Immigrants: An Analysis Of Martinez V. Regents Of The University Of California, Kyle William Colvin

Brigham Young University Education and Law Journal

No abstract provided.

Unchartered Territory: Market Competition's Constitutional Collision With Entrepreneurial Sex-Segregated Charter Schools, David Groshoff

Brigham Young University Education and Law Journal

No abstract provided.

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Brigham Young University Education and Law Journal

No abstract provided.

Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino

Brigham Young University Education and Law Journal

No abstract provided.

Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke

Brigham Young University Journal of Public Law

No abstract provided.

Piac (Pee In A Cup) – The New Standardized Test For Student-Athletes, Sara Young

Brigham Young University Education and Law Journal

No abstract provided.

Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden

Brigham Young University Education and Law Journal

No abstract provided.

To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond

Brigham Young University Education and Law Journal

No abstract provided.

After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker

Faculty Publications

This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and …