Education Law Commons^™

The First Amendment In Education: May Faculty At Public Schools Be Disciplined For Political Hate Speech?, Ken M. Levy

William & Mary Bill of Rights Journal

At a House hearing on December 5, 2023, the presidents of three universities— Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by …

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

William & Mary Journal of Race, Gender, and Social Justice

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu

Dickinson Law Review (2017-Present)

Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to …

Robbing Peter To Pay Paul: In The Absence Of School Finance Equity, Texas School Districts Forced To Choose Between Funding Academics Or Safety Reform, Emily Mann

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment addresses the intersection between two discussions frequenting the Texas legislative floor – school safety and school finance. Following the deadliest school shooting in Texas history, Texas public schools are under political pressure to “harden” campuses rapidly and at great expense. Unsurprising, however, the high costs accompanying safety investment, coupled with the lack of financial backing from the state, puts districts in a challenging position. Any discussion of investment in Texas public schools also triggers questions of equity.

Debate over lack of equity across Texas public schools is no stranger to the Texas Supreme Court. Nonetheless, inequity persists in …

Overturning Sffa V. Harvard, David Hinojosa, Chavis Jones

The Scholar: St. Mary's Law Review on Race and Social Justice

One of the first lessons law students learn is the importance of stare decisis. It not only serves as a tool to learn how to apply settled law to argument and persuasive writing, but foundationally stare decisis helps promote the public’s trust, confidence, and faith in the judicial system. Thus, when the Supreme Court issued its 6-3 opinion in 2023 in Students for Fair Admissions v. Harvard/University of North Carolina (“Harvard”), most onlookers viewed the decision as being the final nail in the coffin for affirmative action in higher education admissions. However, we—the authors—are among the minority.

In …

Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.

During the seven-decade Great Migration of the 20^th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …

Judicial Preview Oleh Mahkamah Konstitusi Sebagai Upaya Preventif Perlindungan Hak Konstitusional (Studi Komperasi Dengan Mahkamah Konstitusi Chili), Elisabeth Sihaloho, Fifiana Wisnaeni

Jurnal Hukum & Pembangunan

The existence of the Constitutional Court as stated in the provisions of Article 24C of the 1945 Constitution has established the dignity of the Constitutional Court's position as a Guardian of the Constitution which is understood as a judicial institution that protects the constitutional rights of Indonesia citizens. This research is aimed at solving the problem of the constitutional rights of Indonesia citizens who are often injured through legal products in the form of laws. Therefore, this study focuses on studying, analyzing and comparing how the context of judicial preview or can be understood as a test of a draft …

Toward An Absolute Privilege From Defamation For Statements Made In Campus Sexual Misconduct Proceedings, Elizabeth Munoz-Smith

University of Michigan Journal of Law Reform

Title IX prohibits recipients of federal funding from discriminating on the basis of sex in their education programs and activities. The regulations implementing Title IX impose strict requirements on the procedures that institutions must follow in investigating and adjudicating complaints of sexual harassment. But survivors using campus processes are facing potential liability for defamation at an increasing rate. The existence of this threat leads to further underreporting of an already-underreported crime, a detrimental impact on survivors’ education, and psychological stress created by the re-traumatization of a civil suit that carries potential monetary liability for their report. This Note argues that …

The War On Higher Education, Athena D. Mutua, Jonathan Feingold, Angela Harris, Emily M. S. Houh, Matthew Patrick Shaw, Francisco Valdes

Journal Articles

Higher education is under assault in the United States. Tracking authoritarian movements across the globe, domestic attacks on individual professors and academic institutions buttress a broader campaign to undermine multiracial democracy and the institutions that sustain and safeguard it. Reflecting on the past academic year, this essay charts the increasingly brazen right-wing efforts in the U.S. Congress and the States to erode academic freedom and university independence— two pillars of our democratic republic. We also identify a bi-partisan source of higher education’s present precarity: the neoliberal policies that precipitated the privatization and corporatization of universities across the country.

Special Episode 2: Athletes Struggling With A Crisis Of Confidence, Sara Gras

Summer 2024 Special Episodes

This is the second of two special episodes about CrossFit’s cultural and organizational issues brought to light by the death of elite athlete Lazar Ðukic at the 2024 CrossFit Games. This episode features conversations with: Bob Boland (Faculty Profile) Assistant Professor of Law, Seton Hall Law Tim Carroll, Co-Owner of 908 Athletics and Endure Training Co. John Weeks, Owner and Head Coach of Tough Temple CrossFit John Wooley, CrossFit Affiliate owner, podcast host, YouTuber, memelord Additional Resources: Buttery Bros, Tragedy at the CrossFit Games, YouTube (Aug, 25, 2024). Michael Conklin, Two Classifications Enter, …

Special Episode 1: Loss Of Innocence, Sara Gras

Summer 2024 Special Episodes

On August 8, 2024, Lazar Ðukic lost his life in a Texas lake during the first event of the 2024 CrossFit Games. His death has rocked the competitive CrossFit community to its core. Although competition resumed, it wasn’t the same. Many top athletes were missing from the floor and those who continued were subdued, grieving. But for many, the sadness is mixed with anger, with frustration. Games veterans have come forward and publicly decried, not just the execution of the particular event where Lazar lost his life, but a culture of dismissiveness where the safety and well-being of the sport’s …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Batavia In The19th Century: A Russian Diplomat's Criticism Of The Capital Society And The Colonial System Of The Dutch East Indies, Ahmad Fahrurodji

International Review of Humanities Studies

ABSTRACT This article analyzes the traces of diplomatic relations between the Russian Empire and the Dutch East Indies in the late 19th century. The views and criticisms of the Russian Consul in Batavia became one of the important milestones of cultural relations between the two nations in the future. This research is a cultural history research using historical research method and structural approach. The documents used are diplomatic reports that have been published in the original language (Russian). By using the theory of hermeneutics, this article aims to see how Batavia and the people in it interacted and acted from …

“Today, The Constitution Prevails”: A History And Legacy Of Constitutional Racism, Zamir Ben-Dan

Cardozo Law Review

In a decision that surprised almost no one, the United States Supreme Court struck down the affirmative action programs at Harvard College and the University of North Carolina. The majority opinion recounted a jurisprudential history that started with the Fourteenth Amendment, jumped to Plessy v. Ferguson, and lingered on the progeny of Brown v. Board of Education. The opinion hailed Brown as the ultimate triumph, the case that spelled the beginning of the end of racism in America. It declared that the purpose of the Equal Protection Clause is to eliminate “all governmentally imposed discrimination based on race.” …

Consultation Versus Direct Special Education Services And Postschool Outcomes For Individuals With Disabilities As Assessed By Indicator 14 Data, Callie Welch

Electronic Theses and Dissertations

There is abundant research relating to transition supports and services for students with disabilities as they move out of high school into adulthood; however, relatively little is known about the relationship between the type of special education services they received and their postschool outcomes. Guided by the Social Cognitive Career Theory (SCCT) and Tennessee’s Indicator 14 survey, I sought to better understand the relationship between the type of special education services received in high school and student further schooling or employability after graduation. Data were drawn from Indicator 14 surveys from 2021 and 2024 conducted by a rural school district …

Deutsche Welle’S Coverage Of Palestine And Israel From December 1st To December 8th 2023: A Critical Discourse Analysis, Zahirah Soraya Nurromadini, Sonya Puspasari Suganda

International Review of Humanities Studies

The attacks on October 7th, 2023 sparked a new wave of escalation between Israel and Palestine with global news coverage. Though there is coverage on both sides, many are calling out the Western news media for being biased in their reports. This paper explores the diction used by Deutsche Welle (DW) when reporting Palestine and Israel from December 1st to December 8th, 2023. The paper will use the Critical Discourse Analysis (CDA) theory by Norman Fairclough to process the data using a qualitative approach. The study aims to examine whether the diction used by DW journalists in their reports reflects …

Riungan: Representation Of Muslim Betawi Pinggir Through The Practice Of Eating Together (A Case Study Of Kampung Pondok Pucung, Pondok Aren, South Tangerang), Gregorio Surya Abdi Julianto, Yudi Bachrioktora

International Review of Humanities Studies

Riungan is an eating-together event involving the kampung community as a form of religious worship and gratefulness/gratitude to God. Through an ethnography approach, with in-depth interviews and a literature review as a method, this research explores the relationship between the practice of eating together and cultural identity in riungan as held by the Muslim Betawi of Kampung Pondok Pucung. The result of this research shows that riungan has become a space to representation of the cultural identity of the Betawi Pinggir (peripheral Betawi), particularly emphasizing their cultural and Islam heritage. Through the types of food brought and the communal eating …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …

Translation Of Archaisms In English Contractual Documents, Indra Listyo, Myrna Laksman-Huntley, Haru Deliana Dewi

International Review of Humanities Studies

This research investigates the translation of archaisms, particularly here-words and there-words, from English to Indonesian, highlighting the unique challenges they present. Using a descriptive qualitative method, the study is framed by the Skopos theory and ISO 24495-1:2023 - Plain Language principles. The Skopos theory stresses the translation's intended purpose, advocating a functional approach that enhances the target text's communicative efficacy. ISO 24495-1:2023 ensures legal documents are clear, concise, and accessible, maintaining their legal integrity. The research examines a bilingual English-Indonesian contractual document, the Global Master Repurchase Agreement, to analyze the translation of these archaic terms. Findings show that translating archaisms …

Poetry Of The Singing Palm Tree: The Tradition Of Tapping Palm Trees In Sabu Raijua, Ntt, Daniel Hariman Jacob

International Review of Humanities Studies

This article is a research study focusing on the poetry singing performed by palm sap tappers in Sabu Raijua, which has become the identity of the people of Sabu Raijua, NTT. The poems that are sung are part of the process of tapping palm sap. This tradition has become the identity of the Sabu (Do Hawu) people. This research aims to show which poems are sung by the Sabu people while tapping palm sap and examine these poems using a literary and oral tradition approach. Additionally, this article reveals the poems of the Palm Tree Song (Alure Pakolo Due) in …