Table Of Contents,
2010
University of South Carolina
Supreme Court Decisions,
2010
University of South Carolina
Primary & Secondary Education,
2010
University of South Carolina
Coaches Corner,
2010
University of South Carolina
Commentary,
2010
University of South Carolina
Kentucky And Education Reform: The Issue Of Pay-For-Performance,
2010
University of South Carolina
Kentucky And Education Reform: The Issue Of Pay-For-Performance, Gayla Cissell
The Journal of Law and Education
No abstract provided.
Book Review,
2010
University of South Carolina
Education Law Association,
2010
University of South Florida
Education Law Association, Zorka Karanxha
Educational Leadership and Policy Studies Faculty Publications
No abstract provided.
Hunt V. Mcnair,
2010
University of South Florida
Hunt V. Mcnair, Zorka Karanxha
Educational Leadership and Policy Studies Faculty Publications
No abstract provided.
Sex Education And Rape,
2010
CUNY School of Law
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World,
2010
Yale Law School
Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World, Christopher A. Suarez
Michigan Journal of Race and Law
Sheff v. O'Neill ushered in a new wave of education reform litigation that may challenge the constitutionality of de facto segregation under state education clauses, but its remedy has been inadequate. This Note proposes a new desegregation remedy-the sliding scale remedy-to address socioeconomic isolation in this unique constitutional context. The remedy employs varying degrees of equity power depending on students' academic outcomes. It balances concerns over local control and separation of powers with the court's need to effectuate right, establishes a clear remedial principle, and ensures that states and school districts focus on students as they implement remedies.
Judicial Humility: The Enduring Legacy Of Rose V. Council For Better Education,
2010
University of Kentucky
Judicial Humility: The Enduring Legacy Of Rose V. Council For Better Education, William E. Thro
Kentucky Law Journal
No abstract provided.
The Politics Of Supplementing Failure Under No Child Left Behind: How Both Left And Right Are Forcing Low-Income Children To Choose Between A Deficient Education And Working Overtime,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Politics Of Supplementing Failure Under No Child Left Behind: How Both Left And Right Are Forcing Low-Income Children To Choose Between A Deficient Education And Working Overtime, Monica Teixeira De Sousa
Nevada Law Journal
This Article analyzes NCLB's Supplemental Educational Services provision and exposes its shortcomings. Part I introduces the voluntary overtime work approach of SES and highlights its flaws and limitations. Research reveals that the voluntary overtime work model is designed for the exceptional student and does not provide meaningful opportunities to the majority of students in under-performing schools. Part II presents the legal and political context in which policymakers created SES and shows how they failed to assess realistically the many challenges facing students today. In particular, the legislative history reveals that ideology--a blend of free-market and “pull yourself up by your …
Foreword: Rights, Remedies, And Rose,
2010
University of Kentucky College of Law
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Law Faculty Scholarly Articles
In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to …
No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold,
2010
University of the District of Columbia David A Clarke School of Law
No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros
Journal Articles
As a result of the No Child Left Behind Act (NCLB), schools place a great emphasis on standardized testing. Students at risk of failure are identified for additional instruction. This is aligned with the adequacy (versus equity) framework of school finance litigation, which seeks to bring the bottom up to a certain minimum level. Under the adequacy ideology, the focus is on achieving a minimum threshold of proficiency. In low performing schools where a high percentage of students are at risk of failing the test, a focus on the minimum creates disincentives to work with students performing at or above …
The Negro National Anthem Controversy,
2010
University of Missouri - Kansas City, School of Law
The Negro National Anthem Controversy, Wendy Tolson Ross
Faculty Works
Recently, the Negro National Anthem has been the source of much controversy. For some Americans, it is a source of celebration of the rich black heritage and legacy. For others, it is a source of shame-an ugly remnant of our dark past that is no longer relevant today. The reading and singing of the Negro National Anthem has been a topic of discussion in the news, the black community, and in the legal and political professions. This article will look at the raging controversy. Specifically, this paper will look at the controversy surrounding the Negro National Anthem at the Texas …
College Bullies - Precursors To Campus Violence: What Should Universities And College Administrators Know About The Law,
2010
Villanova University Charles Widger School of Law
College Bullies - Precursors To Campus Violence: What Should Universities And College Administrators Know About The Law, Susan H. Duncan
Villanova Law Review (1956 - )
No abstract provided.
Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual,
2010
Barry University
Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories,
2010
Cleveland State University
Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley
Law Faculty Articles and Essays
This article explores issues of legal liability for school personnel where students with disabilities are injured in school settings or cause injuries to employees and other students in schools. While questions related to legal liability are varied, they tend to fall within two broad areas: standard of care relating to injuries to or by students; and, standard of care for employees working with students with or training others to work with students with disabilities. In both areas, the legal issue revolves around the concept of heightened standard of care, especially where framed by the language of students' IEPs (Individualized Education …
High Hopes Hamstrung: How The “Trial De Novo” For Termination Of Tenured Teachers’ Contracts Undermines School Reform In Oklahoma,
2010
University of Oklahoma College of Law
High Hopes Hamstrung: How The “Trial De Novo” For Termination Of Tenured Teachers’ Contracts Undermines School Reform In Oklahoma, N. Georgeann Roye
Oklahoma Law Review
No abstract provided.
