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In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart 2010 Valparaiso University School of Law

In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart

Law Faculty Publications

In loco parentis is a common law doctrine that has been used to characterize the on-campus relationship between a school and its students, but its abuse has led to such absurd cases as Safford Unified School District No.1 v. Redding. Although waning in higher education, the doctrine is experiencing a resurgence in elementary and secondary schools. As originally conceived, the doctrine was used primarily to justify and defend student disciplinary actions: the school stood in the shoes of the parent and had authority to discipline, almost at will. The doctrine, however, never seemed to have a corollary in the …


Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani 2010 IIT Chicago-Kent College of Law

Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani

All Faculty Scholarship

This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children’s affirmative right to education under state constitutions, but due to separation of powers concerns, most state courts have been quite deferential to legislatures in reviewing remedies for constitutional violations. This leaves many schools underfunded and under-resourced in spite of successful adequacy litigation—a problem that is aggravated during times of recession, when many states face pressure to cut education budgets. This Note examines these issues using functional separation …


Legal Education In China: English Language Materials, Roderick O'Brien 2010 Cornell University Law School

Legal Education In China: English Language Materials, Roderick O'Brien

International Journal of Legal Information

Modern legal education began in China late in the Qing dynasty (1644-1911), and then expanded during the period of the Republic of China from 1912. With the establishment of the People’s Republic of China in 1949, legal education entered a new and difficult period. The compilation of English language materials offered here includes a few materials relating to the Qing and Republican periods, but after 1949 only materials relating to the People’s Republic of China (mainland China). Hong Kong, Macau, and Taiwan all have separate legal education systems and structures, and are excluded from this compilation.


From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. DeNardis 2010 Sacred Heart University

From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Since the landmark school finance decision Serrano v. Priest (1971) ruled that California’s reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. …


Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas 2010 UIC School of Law

Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas

UIC Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury 2010 West Virginia University College of Law

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch 2010 Cleveland State University

First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch

Cleveland State Law Review

The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …


Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman 2010 California Western School of Law

Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman

Faculty Scholarship

The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses …


Table Of Contents, 2010 University of South Carolina

Table Of Contents

The Journal of Law and Education

No abstract provided.


Supreme Court Decisions, 2010 University of South Carolina

Supreme Court Decisions

The Journal of Law and Education

No abstract provided.


Primary & Secondary Education, 2010 University of South Carolina

Primary & Secondary Education

The Journal of Law and Education

No abstract provided.


Coaches Corner, 2010 University of South Carolina

Coaches Corner

The Journal of Law and Education

No abstract provided.


Commentary, 2010 University of South Carolina

Commentary

The Journal of Law and Education

No abstract provided.


Kentucky And Education Reform: The Issue Of Pay-For-Performance, Gayla Cissell 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

Book Review

The Journal of Law and Education

No abstract provided.


Education Law Association, Zorka Karanxha 2010 University of South Florida

Education Law Association, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Hunt V. Mcnair, Zorka Karanxha 2010 University of South Florida

Hunt V. Mcnair, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Sex Education And Rape, Michelle J. Anderson 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, Christopher A. Suarez 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.


Foreword: Rights, Remedies, And Rose, Scott R. Bauries 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 …


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