Education Law Commons^™

The Dischargeability Of Student Loans Through Bankruptcy: Does The Undue Hardship Standard Adversely Burden Consumer Debtors?, Jitwan Floyd

The Journal of Law and Education

No abstract provided.

The Impact Of The National Teacher Shortage On The Right To An Adequate Education, Anslee Wood

The Journal of Law and Education

No abstract provided.

The Misfortune Of Attending School While Black In A Fifth Circuit State, Shelley Ward Bennett

Washington and Lee Law Review

Tens of thousands of children, including disproportionate numbers of Black children, are hit in school every year. More than 50 percent of these students live in the Fifth Circuit states of Mississippi, Louisiana, and Texas. Decades of government data, including the Department of Education’s most recent reports, reveal that Black students receive alarmingly inequitable rates of corporal punishment, demonstrating this education practice to be a legal form of institutionalized racism.

This Article uniquely focuses on the archaic discipline practice’s effects on Black students in Fifth Circuit states. Fifth Circuit law addressing students’ rights in corporal punishment cases has developed into …

Navigating The Legal Risk Universities' Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes' Future Nil Income While Following The Ncaa's Mental Health Best Practices, Kenneth D. Ferguson

Faculty Works

This Essay is written to address a series of questions encompassing name, image, and likeness (NIL) opportunities available to collegiate athletes in sports where the potential is high for head and other career-ending injuries. Sports performance can produce significant economic value through NIL. Decisions made by team physicians, athletic trainers, or other healthcare professionals may affect a collegiate athlete's potential for financial gains expected through NIL. These physicians, athletic trainers, and other healthcare professionals will have to consider whether they could be held personally liable for health care-related decisions affecting financial gains collegiate athletes could potentially experience from NIL.

Part …

Maximizing Student Achievement: Shifting From A Neoliberal Philosophy Of Education To A "Well-Educated Voter And Juror" Model, Jonathan Brooks

University of Richmond Law Review

In the pivotal decision of Brown v. Board of Education, the Supreme Court of the United States noted that “education is perhaps the most important function of state and local governments” and that “it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education . . . [which] is a right [that] must be made available to all on equal terms.” Yet nearly seventy years later, our nation’s education system is far from equal, with a number of reports across the country finding dismal conditions in many public …

The Idea Of Inclusivity: The Fallacy Of School Choice, Harleigh Summerville

Arkansas Law Notes

As calls for reform in public education grow, students with disabilities have become the poster children for a failing system that is not equipped to handle students’ varying needs. With the number of children receiving services for learning disabilities growing, some argue that the current system not only is failing to provide students with appropriate education but is actively causing harm. Issues gaining adequate funding, disparities in educational access to racial minorities, and failure to adhere to federal mandates have made it difficult for public schools to meet the individualized needs of all students, particularly students with disabilities. One example …

Tax Collectors For Fair Admissions: Advancing State-Level Tax Incentives To Curb Legacy Admissions, Patrick J. Labella

William & Mary Law Review

Part I of this Note will contextualize the practice of legacy admissions, describe its inherent unfairness and deleterious effects, and explain why—notwithstanding those concerns—some universities still employ the practice in their admissions processes. With that background, Part II of this Note will explain why fiscal incentives are the most appropriate mechanism to disincentivize legacy admissions practices. Part III will then evaluate the flawed federal fiscal proposals to curb legacy admissions, and Part IV will argue that state-level solutions should be preferred to federal ones to respect the values of federalism and promote the most narrowly-crafted, individualized, and state-specific solutions.

This …

Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian

Cardozo Journal of Equal Rights & Social Justice

The note critically examines the limitations of Kendra's Law in New York, which provides Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses. While the law aims to balance public safety and individual rights, its strict eligibility criteria often prevent timely intervention, leading to worse outcomes for those in need. The note proposes reforming the law to prioritize clinical assessments over past actions, enabling earlier intervention while respecting individual rights. This reform would address the law's retroactive nature and promote a more proactive, compassionate approach to mental health care.

Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman

Cardozo Journal of Equal Rights & Social Justice

The note examines the groundbreaking implications of New Jersey Bill S147, which mandates the New Jersey Department of Transportation (NJDOT) to develop complete street designs specifically addressing the needs of individuals with intellectual and developmental disabilities (IDD) and Autism Spectrum Disorder (autism). This legislation represents a significant shift in complete streets policies, which traditionally focus on physical accessibility but rarely prioritize non-physical disabilities. The note argues that NJDOT’s implementation of these designs must include tailored strategies, such as mobility education, staff training, and improved signage, to ensure independent and safe travel for this population. By addressing these needs, New Jersey …

Charter Schools And Students With Disabilities: Admissions Equity, Kelly L. Carrick

Senior Theses

Many states are now offering parents a choice in where their child attends school, typically offering charter schools as the alternative to public schools. With charter school enrollment on the rise, questions have begun to arise regarding the acceptance rates of students with disabilities, specifically, how do students with disabilities fare in the process of being admitted to charter schools? This research examines the admissions policies of charter schools, the admission rates for students with disabilities, as well as the legality and equity of this topic. Previous research has found that charter schools typically do not accept as many students …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

Articles

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …

Defining An "Appropriate Education" Under The Education For All Handicapped Children Act Of 1975, Stephen A. Mansfield

Maine Law Review

The educational rights of handicapped children have long been neglected due to a combination of societal indifference and ignorance. Judicial recognition of the educational rights of handicapped persons only began in the early 1970's when constitutional challenges were brought against school systems that excluded handicapped children from attending school. Federal statutory reforms, however, have gone much further than the constitutionally-based decisions of the early 1970's. This Comment focuses on the Education for All Handicapped Children Act, the primary federal statute for securing educational rights of handicapped children. Because the Act is relatively new, case law providing guidance for judicial decision …

Season 2 Episode 2: Behind The Bet, Sara Gras

Season 02

This episode provides an overview of the legal sports betting ecosystem, highlighting the crucial roles of regulators, compliance officers, and monitoring in maintaining integrity in the gaming industry. Guests address collaboration between private companies and state government, as well as the role of technology in monitoring events and detecting suspicious activity.

Features excerpts of interviews with:

Prof. Marc Edelman, Law Professor, Attorney and Sports Business Expert
Zicklin School of Business, Baruch College

Bill Pascrell, III (BPIII), Lobbyist
Princeton Public Affairs Group

Lou Rogacki, Assistant Attorney General
New Jersey Division of Gaming Enforcement

Chris Soriano, Vice President, Chief Compliance …

Title Ix Reimagined: The Power Of Principles-Based Governance, Tammi Walker

University of Cincinnati Law Review

Title IX, a federal civil rights law enacted in 1972, prohibits sex-based discrimination in educational institutions. Title IX’s regulatory framework has evolved into a problematic hybrid of broad principles and prescriptive rules, creating significant challenges for educational institutions seeking to prevent sex discrimination and ensure gender equity. The current system’s simultaneous vagueness and rigidity has resulted in inconsistent enforcement, regulatory uncertainty, and compliance burdens that ultimately undermine Title IX’s fundamental objectives.

This Article argues that a properly structured principles-based regulatory approach would better serve Title IX’s aims while enhancing compliance and accountability. Successful implementation requires clear guiding principles, professional expertise, …

Determinative Action: The Approaching End Of Legacy Admissions Following Students For Fair Admissions, Richard Sharp

University of Cincinnati Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …