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6,069 full-text articles. Page 26 of 165.

"Exceedingly Unpersuasive" - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin 2024 Florida A&M University University College of Law

"Exceedingly Unpersuasive" - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin

Belmont Law Review

In 2015, the St. Johns County School District adopted a policy which prohibited transgender students from using the restroom matching their gender identity and required that they use either single stall restrooms or the multi-stall restroom corresponding to their gender listed on their birth certificate (their “biological” sex). Similar policies targeting transgender students had been implemented by school districts across the country; and like many of them, St. Johns’ policy was quickly challenged by a transgender student who asserted that the policy violated his civil rights. In late December 2022, a divided Eleventh Circuit Court of Appeals, sitting en banc, …


Democracy And State Education Governance, Quinn Yeargain 2024 Widener University Commonwealth Law School

Democracy And State Education Governance, Quinn Yeargain

Belmont Law Review

This Article lays out the hundred-year-plus trajectory of state constitutional and statutory changes that transitioned education from a near universally democratized area of policymaking into one that unevenly balances democracy and professionalization. Part I begins by sketching out the starting position of democracy in state education governance: the initial creation of elected state education administrators and the pressures to reform these systems in the early twentieth century. Then, Part II explores the slow process by which the structure of statewide education governance shifted, discussing the methods by which reforms were proposed and the content of the proposed changes. Part III …


What Will Happen To Cleo In The Wave Of Affirmative Action Litigation, Erin Lain 2024 Drake Law School

What Will Happen To Cleo In The Wave Of Affirmative Action Litigation, Erin Lain

Belmont Law Review

The Students for Fair Admission (“SFFA”) decision has upended how law schools conduct admission, changing the decades-old practices of considering race as one of many factors in the admissions process. Despite the narrow use of race in the admission process, the legal profession is still almost 81% white, suggesting the use of affirmative action has not been a substantial boost to minority enrollment in law school. Despite the low impact, the United States Supreme Court proceeded with a sweeping decision declaring the use of racial checkboxes unconstitutional and limiting the use of race in admissions to evidence of nonracial attributes …


Maximizing The Educational Choice Wave By Rethinking State And Local Regulations, Shaka Mitchell 2024 Senior Fellow American Federation for Children

Maximizing The Educational Choice Wave By Rethinking State And Local Regulations, Shaka Mitchell

Belmont Law Review

This Article will first survey the flurry of education choice activity in 2023, touching on several of the factors that drove legislation. Next, it will examine both the dispositional and practical impediments to choice reforms. This Article concludes with recommendations for modernizing local and state policy to best achieve the goals of recently enacted educational programs.


Taking Our Position: Repairing The Breach In The Pipeline To The Legal Profession By Transforming The Impact Of Bias Against Black Girls In Student Discipline, Hon. Tiffany W. Brewer 2024 Howard University School of Law

Taking Our Position: Repairing The Breach In The Pipeline To The Legal Profession By Transforming The Impact Of Bias Against Black Girls In Student Discipline, Hon. Tiffany W. Brewer

Belmont Law Review

This Article implores the legal profession to intervene in promoting accountability in remediating implicit bias and discrimination in school discipline decisions disproportionately impacting Black girls’ educational outcomes, given their significant impact in disrupting the pipeline to the legal profession. The lack of accountability for disparate school discipline policies has resulted in little progress in decreasing the school-to-prison pipeline for Black girls. As a result, failures to eradicate implicit bias and discrimination in educational systems threaten the pipeline of future Black women law students, lawyers, and judges. This Article contends that if the bias in current school discipline policies toward Black …


Learning Together: Modern Developments In Education Law, Angie Sanders, Jordyn Conley, Lauren Bush 2024 Tennessee State Board of Education

Learning Together: Modern Developments In Education Law, Angie Sanders, Jordyn Conley, Lauren Bush

Belmont Law Review

Panel Discussion from legal practitioners discussing the various challenges and processes of working in the field of education law.


The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment, Jacob Franklin Greene 2024 Belmont University College of Law

The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment, Jacob Franklin Greene

Belmont Law Review

This Note discusses the theatrical casting process from publishing a breakdown through audition day type outs and how this process exposes productions, theater companies, and Actor’s Equity Association (“AEA”) to potential liability. Part I provides a background on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981, as these are the federal antidiscrimination laws under which a lawsuit is most likely to arise. Part II explores the language of breakdowns, defines the concept of theatrical typing, and discusses the two predominant methods the theater industry frequently utilizes in casting shows. Likewise, …


Last Place: Is Arizona Due For School Finance Litigation?, Joe Aldridge 2024 University of South Carolina

Last Place: Is Arizona Due For School Finance Litigation?, Joe Aldridge

The Journal of Law and Education

No abstract provided.


Melissa A. Harness & Adam Z. Harness, A False Accountability Narrative: The Human Rights Implications Of Developed Nations Over-Testing Youth In Education, Melissa A. Harness, Adam Z. Harness 2024 University of South Carolina

Melissa A. Harness & Adam Z. Harness, A False Accountability Narrative: The Human Rights Implications Of Developed Nations Over-Testing Youth In Education, Melissa A. Harness, Adam Z. Harness

The Journal of Law and Education

No abstract provided.


Stronger Together: How Union Friendly Legislation Can Help Mend The Teacher Shortage, Abby Minihan 2024 University of South Carolina

Stronger Together: How Union Friendly Legislation Can Help Mend The Teacher Shortage, Abby Minihan

The Journal of Law and Education

No abstract provided.


Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley 2024 South Texas College of Law Houston

Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley

West Virginia Law Review

No abstract provided.


Once Upon A Fape: Contrasting The Fabled Hope Of Idea With Present-Day Pandemic Realities, Jenny Rodriguez-Fee 2024 Southwestern Law School

Once Upon A Fape: Contrasting The Fabled Hope Of Idea With Present-Day Pandemic Realities, Jenny Rodriguez-Fee

Belmont Law Review

Much like Hansel and Gretel in the widely known fairytale, children around the world have experienced trauma, loss, and profound impact to their physical, social, and emotional well-being due to the pandemic. Also, like Hansel and Gretel, students with unique needs have lacked the guidance, support, and prioritization by the adults who are meant to protect them. For some students, this failure to support by those adults charged with their education has been occurring for decades. For many, they were left alone in the woods in March 2020, the start of the Covid-19 pandemic. Forced to isolate from teachers and …


Saints, Satanists, And Religious Public Charter Schools, Allen Rostron 2024 University of Missouri - Kansas City, School of Law

Saints, Satanists, And Religious Public Charter Schools, Allen Rostron

Faculty Works

This article explores how constitutional law concerning religion has reached the point where the validity of a publicly funded religious school is even a debatable issue. It argues that the First Amendment provides a simple formula for achieving optimal protection of religious freedom, by maximizing religious rights in the private realm while minimizing the role of religion in public matters. For decades, the Supreme Court largely succeeded in maintaining this boundary line between the private and public spheres. A key turning point occurred in 2002 when the Court decided Zelman v. Simmons-Harris and upheld a program in which families received …


When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro 2024 Virginia Commonwealth University

When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro

Washington and Lee Journal of Civil Rights and Social Justice

Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.


Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper 2024 Washington and Lee University School of Law

Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper

Washington and Lee Journal of Civil Rights and Social Justice

In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the “best of the best”. It is a cultural celebration that symbolizes friendly competition and showcases students’ pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (“HBCUs”) have been battling for legitimacy in America’s higher education system. From the beginning, HBCUs were often the only place African Americans could receive an education. Today, HBCUs are known for creating some of the most successful Black graduates and serve as a safe haven for Black students seeking an education in an …


Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell 2024 Mississippi Christian University School of Law

Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell

MC Law Review

This essay surveys education in Mississippi from its origins to the creation of the state's first statewide public education system during "Radical" Reconstruction. The Choctaws and Chickasaws had developed methods of educating youngsters in their traditional culture; however, faced with the invasion of their homelands by Africans and Europeans, they began to embrace "white" missionary schools in order to learn the skills needed to survive in the new economy imposed by the settlers. The European-derived invaders consisted of two classes: the planters and the yeomen (poor).


How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson 2024 University of Miami School of Law

How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson

Articles

No abstract provided.


It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain 2024 Mississippi College School of Law

It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain

MC Law Review

The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …


The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr. 2024 Loyola University of New Orleans College of Law

The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.

MC Law Review

The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …


Preserving Viewpoint Pluralism And Democratic Principles: Florida's "Divisive Concepts" Law And Strategies For Challenging The Law's Enforcement In K-12 And Higher Education, Abigail Dallmann 2024 University of South Carolina

Preserving Viewpoint Pluralism And Democratic Principles: Florida's "Divisive Concepts" Law And Strategies For Challenging The Law's Enforcement In K-12 And Higher Education, Abigail Dallmann

The Journal of Law and Education

No abstract provided.


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