Putting Their Money Where Their Mouth Is: The Case For Denying Qualified Immunity To University Administrators For Violating Students' Speech Rights,
2010
Foundation for Individual Rights in Education (FIRE)
Putting Their Money Where Their Mouth Is: The Case For Denying Qualified Immunity To University Administrators For Violating Students' Speech Rights, Azhar Majeed
Cardozo Public Law, Policy & Ethics Journal
The article argues that courts should deny qualified immunity to public university administrators when they violate students' First Amendment rights, particularly through unconstitutional speech codes or censorship of protected speech. It contends that the law on student expressive rights is clearly established, making it unreasonable for administrators to claim immunity. By holding administrators personally liable under 42 U.S.C. § 1983, the judiciary can better protect students' constitutional freedoms and deter future violations.
Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education,
2010
University of Miami School of Law
Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James
Indiana Law Journal
No abstract provided.
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context,
2010
Indiana University Maurer School of Law
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
Indiana Law Journal
No abstract provided.
Table Of Contents,
2010
University of South Carolina
Supporting Scholarship: Thoughts On The Role Of The Academic Law Librarian,
2010
University of South Carolina
Supporting Scholarship: Thoughts On The Role Of The Academic Law Librarian, Richard A. Danner
The Journal of Law and Education
No abstract provided.
Vouchers For Students With Disabilities: The Future Of Special Education,
2010
University of South Carolina
Vouchers For Students With Disabilities: The Future Of Special Education, Wendy F. Hensel
The Journal of Law and Education
No abstract provided.
Primary & Secondary Education - Commentary,
2010
University of South Carolina
Primary & Secondary Education - Commentary
The Journal of Law and Education
No abstract provided.
Supreme Court Review,
2010
University of South Carolina
Primary & Secondary Education,
2010
University of South Carolina
Long-Overdue Reform Of D.C.'S Antediluvian Developmental Disabilities Law: From Forest Haven To The 21st Century,
2010
University of the District of Columbia
Long-Overdue Reform Of D.C.'S Antediluvian Developmental Disabilities Law: From Forest Haven To The 21st Century, Robert L. Burgdorf Jr.
University of the District of Columbia Law Review
No abstract provided.
Test Scores Show More Students Scoring Proficient Or Advanced In 2010,
2010
University of Arkansas, Fayetteville
Test Scores Show More Students Scoring Proficient Or Advanced In 2010, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In mid-June, the ADE released the results of the 2009-10 standardized achievement tests, including the Arkansas Benchmark and SAT-10 exams for students in grades 3- 8 and the End-of-Course (EOC) Literacy exam for students in grade 11. The following policy brief will highlight the current performance of all Arkansas students, the performance for particular subgroups of students, and finally the changes in achievement over time.
Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come,
2010
University of Dayton
Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro
Educational Leadership Faculty Publications
In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric,
2010
University of Arkansas at Little Rock William H. Bowen School of Law
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
Law Faculty Scholarship
Affirmative action, since its inception in 1961, has been under siege. The backlash against affirmative action began in earnest almost immediately following its origination through President John F. Kennedy’s and President Lyndon B. Johnson’s Executive Orders. Organized hostility in opposition to affirmative action crystallized early with “color-blind” theories posited and adopted, “reverse discrimination” alleged and embraced, and constitutional narrowing through adoption of white-privileged justifications. Enmity against affirmative action continues unabated today as exemplified by recent academic writings and studies purporting to prove that affirmative action positively injures African Americans and recent state-wide campaigns seeking to eradicate affirmative action through state …
Will Residency Be Relevant To Public Education In The Twenty-First Century?,
2010
New Hampshire Department of Education
Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning
The University of New Hampshire Law Review
[Excerpt] “Long before the framers of New Hampshire’s first constitution admonished legislatures and magistrates to cherish education, the provincial government had already established requirements for providing public education; these requirements were related to the size of a settlement.
By 1708, the provincial government in New Hampshire had established the first public school. Not surprisingly, the school was in Portsmouth, which was, at the time, the seat of the provincial government. On May 2, 1719, the province passed an act that required communities of fifty families to employ a school teacher. Under the same act, a community that had one hundred …
Missing The Forest For The Trees: Forest Grove School District V. T.A.,
2010
Attorney in Private Practice, Concord, NH
Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft
The University of New Hampshire Law Review
[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”
Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life,
2010
University of Richmond School of Law
Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack
University of Richmond Law Review
No abstract provided.
Crisis On Campus: Student Access To Health Care,
2010
California Western School of Law
Crisis On Campus: Student Access To Health Care, Bryan A. Liang
University of Michigan Journal of Law Reform
College-aged adults are an overrepresented group in the uninsured population of the United States, and traditionally underserved minorities are disproportionately affected. Students with private health insurance are often functionally uninsured as well, since most schools refuse to accept this traditionally elite calling card on campus. Consequently, the large uninsured and functionally uninsured populations often rely on school-sponsored health insurance plans for access to care. These plans have uneven coverage, limited benefits, exclusions and high co-pays and deductibles, and provide little health care security for their beneficiaries. Further, schools and insurance companies have profited substantially from these student plans, raising the …
How Did Arkansas Fare In The Race To The Top?,
2010
University of Arkansas, Fayetteville
How Did Arkansas Fare In The Race To The Top?, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In late March, the winners for Round 1 of the federal Race to the Top (RttT) were announced. The competitive grant funded under the American Recovery and Reinvestment (ARRA) was described in more detail in an OEP policy brief posted here . In January, Arkansas joined 40 other states in submitting an application. When the finalists were announced, Arkansas was ranked 17th and just missed the cut! In this policy brief, we provide a brief overview of how the Arkansas application fared and what our state leaders could do to increase our chances for Round Two.
National Standards: Following The Pendulum Of Debate,
2010
University of Arkansas, Fayetteville
National Standards: Following The Pendulum Of Debate, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In March, the Common Core State Standards Initiative (CCSSI) released drafts of the proposed National Standards for K-12 education in English Language Arts and Literacy, History/Social Studies, Science, and Math. The draft standards were developed in collaboration with teachers, school administrators, and experts with the goal of providing a clear and consistent framework to develop “college or career ready” students. In this draft, the authors attempt to define knowledge and skills students that high school graduates need for entry-level, credit bearing academic college courses and workforce training programs.
Reauthorizing No Child Left Behind: The Obama Blueprint,
2010
University of Arkansas, Fayetteville
Reauthorizing No Child Left Behind: The Obama Blueprint, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
Almost 45 years ago to this day, the federal government enacted the Elementary and Secondary Education Act (ESEA) on April 11, 1965. The Act, which provided funds for professional development, instructional materials, resources to support educational programs, and promoted parental involvement in primary and secondary education, has been reauthorized about every five years since its enactment. The current version, known more commonly as the No Child Left Behind Act, is now up for reauthorization. The following policy brief will describe the development of the Act into its current form, discuss the major components of No Child Left Behind, and highlight …
