Panel 1: Race, Gender & Equity,
2023
Columbia University
Panel 1: Race, Gender & Equity, Len Elmore, Jo Potuto, Kassandra Ramsey, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article discusses the evolution of Name, Image, and Likeness (NIL) rights in college athletics, focusing on the challenges these rights present for race, gender, and equity. It highlights the need for legal and regulatory reforms to address disparities in NIL opportunities and ensure equitable treatment of student-athletes.
529 Plans And School Choice,
2023
University of Georgia School of Law
529 Plans And School Choice, Victoria J. Haneman
Scholarly Works
Some politicians believe that market-based approaches to education will meaningfully reshape public education in the United States. Advocates of school choice insist that competition for students will improve academic outcomes, drive innovation and improvement, and reduce political interference in the education system. Critics believe that there is little empirical support for any of these claims and fear that school choice policies worsen the problem of educational inequality. Although consumer choice is appealing, making an informed choice requires parents to navigate complicated application processes and transportation requirements, which may prove insurmountable to low-income families. The net effect of this is that …
Disability Misappropriation,
2023
American University Washington College of Law
Disability Misappropriation, Ruth Colker
American University Law Review
This Article argues that disability misappropriation is a systemic problem that undermines movement toward disability justice. By disability misappropriation, this Article refers to the tendency of the political right to assert a false concern for disability issues in service of a political agenda that actually harms the disability community. This tactic has influenced the adverse treatment of disabled people in the educational, institutional, and reproductive arenas. From birth to death, it has often had an adverse influence on the lives of disabled people as they receive inadequate and coercive health care, poor education, and limited housing options. While federal law …
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic,
2023
FIU College of Law
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
FIU Law Review
Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …
Unmasking The Power Dynamic Between Local School Boards And The State Executive Branch: Implications For Future Local School Safety Protocols,
2023
FIU College of Law
Unmasking The Power Dynamic Between Local School Boards And The State Executive Branch: Implications For Future Local School Safety Protocols, Karla Michelle Cejas
FIU Law Review
The COVID-19 pandemic has brought attention to the government’s power in controlling the operation of public schools. The legal and political differences among local school boards and the State’s COVID policies are exemplified in media headline battles pertaining to school reopening and the Governor’s so called “anti-mask mandate.” The State capitalized on its emergency powers at the expense of providing local school boards with the autonomy to enact district-wide protective measures. Local school boards have faced several challenges in arguing against State Emergency Orders including a difficulty with proving state compulsion to comply with its directives, overly broad statutory language …
Legitimate State Interest Or Educational Censorship: The Chilling Effect Of Oklahoma House Bill 1775,
2023
University of Oklahoma College of Law
Legitimate State Interest Or Educational Censorship: The Chilling Effect Of Oklahoma House Bill 1775, Jennie A. Hill
Oklahoma Law Review
No abstract provided.
Critical Erase Theory: The Assault On Public School Curriculum,
2023
University of Oklahoma College of Law
Critical Erase Theory: The Assault On Public School Curriculum, Brooks R. Cain
Oklahoma Law Review
No abstract provided.
A Fine Mess: The Ncaa, The Collegiate Model, And The Post-Alston World,
2023
University of Oklahoma College of Law
A Fine Mess: The Ncaa, The Collegiate Model, And The Post-Alston World, Josephine (Jo) R. Potuto
Oklahoma Law Review
No abstract provided.
Family Moves And The Future Of Public Education,
2023
Columbia Law School, Columbia Center for Public Research and Leadership
Family Moves And The Future Of Public Education, Elizabeth Chu, James S. Liebman, Madeleine Sims, Tim Wang
Faculty Scholarship
State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack — from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of students, particularly students of color and in poverty whom public schools have long underserved. This Article argues that fully subsidized public education is constitutional as long as public schools fulfill their mission to model and commit people to liberal democratic values of tolerance and respect for all persons as …
Tax Benefits And Fairness In K–12 Education,
2023
Fordham University School of Law
Tax Benefits And Fairness In K–12 Education, Linda Sugin
Faculty Scholarship
This Article examines the tax law’s subsidies for inequality and segregation in primary and secondary education, analyzing the federal charitable deduction and education savings plans, and state tax credits for education. It argues that the tax system diverts funds from traditional public education into private education, fostering economic, racial, religious, and political separation. The tax law also operates to increase resource inequality within public education by subsidizing schools that affluent children attend. In a novel analysis, the Article contends that the jurisprudence around the charitable deduction for education—though longstanding—is legally incoherent, and argues that no deduction should ever be allowed …
The Legacy Of Brown V. Board Of Education: Achieving Student Body Diversity In All Levels Of Education,
2023
Touro University Jacob D. Fuchsberg Law Center
The Legacy Of Brown V. Board Of Education: Achieving Student Body Diversity In All Levels Of Education, Nancy L. Zisk
Touro Law Review
This Article addresses the legal standard by which school admissions programs may be judged and validated as school districts struggle to achieve student body diversity. As the Supreme Court recognized in its seminal decision, Brown v. Board of Education, education “is the very foundation of good citizenship.” Twenty years after that case was decided, Thurgood Marshall, who had argued that separate was not equal in the Brown case, observed as a Justice of the Court that “unless our children begin to learn together, there is little hope that our people will ever learn to live together.” Because achieving student body …
The Experiences Of Rural School Attorneys: Implications For School Leaders,
2023
University of South Dakota
The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe
The Rural Educator
Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school attorneys representing multiple school districts in rural areas. Three salient themes emerged (a) the work of a school attorney, (b) relationships and interactions with school personnel, and (c) insights for others. Themes provide a comprehensive picture regarding school attorneys’ roles, responsibilities, and engagements with school personnel within rural schools. Implications, including the importance …
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France,
2022
Connecticut College
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
CISLA Senior Integrative Projects
Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …
Inclusion Of Visually Impaired And Deaf Students In Kenya: A Call For Action,
2022
University of Nairobi Law School
Inclusion Of Visually Impaired And Deaf Students In Kenya: A Call For Action, Edwin O. Abuya, Jane W. Githinji
Washington International Law Journal
Drawing on field data, this Article reviews the experiences of visually impaired and deaf students (VIDS) in select universities in Kenya. The paper argues that, unlike able bodied students, these learners face discrimination in these institutions. The Article focuses on three spaces where VIDS are excluded: the admission process, the learning, and the examination environments. To counter the unfair treatment, the paper proposes three solutions that VIDS and stakeholders should consider. These are consistent with legal requirements on access to education by VIDS. Firstly, course instructors should be robustly engaged with. Further, universities should provide adequate and timely information should …
The Magic Of Fintech? Insights For A Regulatory Agenda From Analyzing Student Loan Complaints Filed With The Cfpb,
2022
Howard University School of Law
The Magic Of Fintech? Insights For A Regulatory Agenda From Analyzing Student Loan Complaints Filed With The Cfpb, Matthew Adam Bruckner, Christopher J. Ryan
Dickinson Law Review (2017-Present)
This Article looks at consumer complaints about student loan lenders and servicers from the Consumer Financial Protection Bureau’s (CFPB’s) consumer complaint database. Using a novel dataset drawn from 30,678 complaints filed against 212 student loan companies, we analyze consumers’ subjective views about whether traditional or fintech student loan lenders and servicers provide a better customer experience. Overall, we find that consumers initiate far fewer complaints against fintech lenders than traditional lenders. But we find that fintech lenders are 28 times more likely than traditional lenders to receive complaints for making confusing or misleading advertisements. Our data also show that complaints …
Indoctrination By Elimination: Why Banning Critical Race Theory In Public Schools Is Unconstitutional,
2022
William & Mary Law School
Indoctrination By Elimination: Why Banning Critical Race Theory In Public Schools Is Unconstitutional, Emma Postel
William & Mary Bill of Rights Journal
This Note argues that Texas public school students’ First Amendment Rights have been violated by the passage of Senate Bill 3 (SB 3), which bans the teaching of Critical Race Theory (CRT) in K–12 public schools. The First Amendment is violated here because (1) students have a First Amendment right to speech, and this law bans protected speech; (2) students have a right to receive information, and this ban prevents them from receiving information; and (3) schools are meant to be the marketplace of ideas for students and banning CRT amounts to unconstitutional viewpoint discrimination. This Note does not suggest …
Tenure In New York,
2022
University of Illinois College of Law
Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation,
2022
Seattle University School of Law
Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.
American Indian Law Journal
While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …
The Merit Of Inclusion: A Policy Review Examining The Convergence Of Special Education And Inclusions Policies With Compensatory Medicaid Policies In The Wake Of The Covid-19 Pandemic,
2022
University of Nebraska Medical Center
The Merit Of Inclusion: A Policy Review Examining The Convergence Of Special Education And Inclusions Policies With Compensatory Medicaid Policies In The Wake Of The Covid-19 Pandemic, Corbyn Baggett
Capstone Experience: Master of Public Health
On March 11, 2020, the World Health Organization (WHO) formally recognized the novel coronavirus (COVID-19) outbreak as a global pandemic. This global issue compelled governments to announce careful virus containing policies in order to prevent further spread and control of the disease. Although it has been proven that measures like social isolation could aid in scaling the spread of illness, the resulting extended school closures that occurred in response to an increased number of COVID-19 outbreaks posed significant challenges for all students, but especially those students with special needs. The unpredictable nature of COVID-19 at the outset of the pandemic …
Abusing Discretion: The Battle For Childhood In Schools,
2022
University of Michigan Law School
Abusing Discretion: The Battle For Childhood In Schools, Hannah Dodson
Michigan Journal of Race and Law
For too many children the schoolhouse doors become a point of entry into the criminal justice system. Children of color are the most likely to suffer from this phenomenon. The presence of policing in schools is a key contributor to this “school-to-prison pipeline.” This Note argues that broad, discretionary mandates for school resource officers (SROs) promote biased law enforcement that impacts Black girls in different and specific ways. I contend that SRO mandates can be effectively limited by strategically bolstering community organizing efforts with impact litigation.
