Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action,
2010
Cornell Law School
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab
Cornell Law Faculty Publications
No abstract provided.
New Directions In School Funding And Governance: Moving From Politics To Evidence,
2010
University of Illinois-Chicago
New Directions In School Funding And Governance: Moving From Politics To Evidence, Benjamin Michael Superfine
Kentucky Law Journal
No abstract provided.
Foreword: Rights, Remedies, And Rose,
2010
University of Kentucky
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Kentucky Law Journal
No abstract provided.
The Evolving Role Of The Courts In School Reform Twenty Years After Rose,
2010
Stanford University
The Evolving Role Of The Courts In School Reform Twenty Years After Rose, William S. Koski
Kentucky Law Journal
No abstract provided.
The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience,
2010
American University Washington College of Law
The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Affordable Private Education And The Middle Class City,
2010
Notre Dame Law School
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Journal Articles
This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …
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 …
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans,
2010
Benjamin N. Cardozo School of Law
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Cardozo Journal of Equal Rights & Social Justice
The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.
Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States,
2010
Benjamin N. Cardozo School of Law
Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the United States to adopt a model similar to the Council of Europe, allowing states to ban corporal punishment while respecting federalism. It highlights the negative effects of corporal punishment and the need for a comprehensive ban, drawing on international legal standards and empirical evidence.
Using Law And Education To Make Human Rights Real In Women’S Real Lives,
2010
Georgetown University Law Center
Using Law And Education To Make Human Rights Real In Women’S Real Lives, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Three courses involving gender, human rights and global laws that the author teaches to two different groups (women’s/gender studies and international affairs undergraduates; and law students) demonstrate methods of making international human rights law and principles real to women’s real lives, as both an educational and activist project. By focusing on the linkages between “thinking globally” and “acting locally” in the area of gender and human rights, these courses suggest some ways of to educate and encourage students to actualize human rights laws and principles in their own communities and lives. The topics, methods and materials used in these courses …
Governing Board Accountability: Competition, Regulation And Accreditation,
2010
Georgetown University Law Center
Governing Board Accountability: Competition, Regulation And Accreditation, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
This article examines the three primary ways in which the governing boards of American colleges and universities are held to account: (1) competition; (2) regulation, including state nonprofit corporation laws, tax laws, and licensing laws; and (3) accreditation. It begins by tracing how lay (meaning nonfaculty) governing boards became the dominant form of governance in American higher education. It argues that governing boards provide American institutions of higher education with an exceptional degree of autonomy from state control and that, together with the shared governance approach that gives faculties primary responsibility for academic matters, they have been a vital factor …
"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations,
2010
Saint Louis University School of Law
"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations, Aaron N. Taylor
All Faculty Scholarship
This article argues for stricter regulation of proprietary (for-profit) school advertising and recruitment practices and proffers specific proposals for effectuating this regulation. Proprietary schools play an important role in broadening access to higher education. They enroll a large number of students who are underserved by traditional, non-profit institutions. These students tend to be poorer, less educated, and older than students at traditional schools, and they tend to undertake higher education for very practical reasons. These characteristics make them particularly susceptible to deceptive marketing and unfounded promises of higher education providers. Unfortunately, some proprietary schools exploit the susceptibilities of their target …
Human Capital And Transfer Taxation,
2010
Saint Louis University School of Law
Human Capital And Transfer Taxation, Kerry A. Ryan
All Faculty Scholarship
This article addresses the question of whether education and healthcare transfers should be included in the federal gift tax base. It initially frames the issue in two ways: (1) through the lens of a proposal by the American Law Institute to exempt all “transfers for consumption” from gift taxation, and (2) within the context of a debate among economists about whether such expenditures should be included in the definition of “intergenerational transfers” for purposes of determining the total share of such transfers in U.S. accumulated wealth. Finding the first lens unsatisfactory on its own doctrinal terms and the second lens …
Religion, Science And The Secular State: Creationism In American Public Schools,
2010
Indiana University Maurer School of Law
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Articles by Maurer Faculty
This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection,
2010
Indiana University Maurer School of Law
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Articles by Maurer Faculty
Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.
On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …
Academic Freedom And Academic Responsibility,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Academic Freedom And Academic Responsibility, Nancy B. Rapoport
Scholarly Works
In this review of Matthew W. Finkin & Robert C. Post, For the Common Good: Principles of Academic Freedom (Yale University Press 2009), I examine Finkin & Post's study of academic freedom in U.S. higher education institutions and link the issues surrounding academic freedom to the issues surrounding shared governance. I argue that the problems with shared governance can create a race to the bottom in academic units.
Supporting Inclusiveness At Seattle U. And In The Law,
2010
American University Washington College of Law
Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Teaching International Law: Lessons From Clinical Education: Introductory Remarks,
2010
American University Washington College of Law
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us,
2010
Georgetown University Law Center
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?,
2010
Georgetown University Law Center
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right. Indeed, the “parentalist” position to the contrary rests on an inflation of rights that is, in fact, a radical departure from longstanding legal norms. Indeed, at common law the parent had “a sacred right” to the custody of his child, and the parent’s …
