Education Law Commons^™

Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad

Cardozo Law Review

United States companies are increasingly drafting consumer contracts that are complex and unreadable, thus making it difficult for many Americans to comprehend terms of use that apply to goods and services. Many U.S. companies are creating terms of use that are, in effect, rights-foreclosure schemes. Many consumer agreements cap damages at a nominal amount, disclaim all warranties, limit remedies, and impose mandatory arbitration clauses and class action waivers. U.S. courts enforce these unfair mass-market contracts with few exceptions. My proposal for a New Deal for Consumer Contracts, as described in this Article, would impose a more exacting readability standard, enforcing …

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …

It Starts And Ends With The Schools: Using Strict Idea Enforcement To Sunder The School-To-Prison-Pipeline For Special Education Students, Savannah L. Murphy

Ohio Northern University Law Review

No abstract provided.

Can't Really Teach: Crt Bans Impose Upon Teachers' First Amendment Pedagogical Rights, Mary L. Krebs

Vanderbilt Law Review

The jurisprudence governing K-12 teachers’ speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12 teachers must either preemptively censor themselves or risk running afoul of these vague bans with indeterminate legal protection. This Note proposes an elucidation of K-12 teachers’ free speech rights via a two-part test to assess the reasonability of instructional speech. Rather than analogizing K-12 teacher speech to …

Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden

BYU Law Review

Legal sports wagering has been rapidly expanding across the United States since 2018. In the wake of the Supreme Court's Murphy decision, more than twenty five states have legalized sports betting and billions of dollars have followed the cascades of legalization. As the legal market continues to grow, professional sports leagues have been quick to embrace the regulated expansion, but the National Collegiate Athletic Association (NCAA) has not changed their steadfast opposition. Despite the NCAA's vehement opposition, the organization has seemed to gain little traction in getting states to either wholly exclude wagering on collegiate sports or getting the federal …

Separate And Still Unequal: How Neighborhood Zoning Laws Keep U.S. Schools Segregated, Glynnis Hagins

The Journal of Law and Education

No abstract provided.

Parent, Child And State: Regulation In A New Era Of Homeschooling, Lawson B. Hamilton

The Journal of Law and Education

No abstract provided.

Mahanoy V. B.L. Ex Rel. Levy And The Virtual School Environment: A Framework For Regulating Online, Off-Campus Student Speech, W. Christopher Schwartz

The Journal of Law and Education

No abstract provided.

Constitutional Law—School Choice: The Landscape After Espinoza V. Montana Department Of Revenue And Contemporary Political Polarization, Peter Hughes

University of Arkansas at Little Rock Law Review

No abstract provided.

Assessing The Racial Implications Of Ncaa Academic Measures, Timothy Davis

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

In 1983, the NCAA’s adoption of heightened initial eligibility standards for incoming intercollegiate athletes was met with applause and criticism. Proponents lauded the measure as a legitimate means of restoring academic integrity within intercollegiate athletics. Opponents questioned whether seemingly racially neutral eligibility standards had a disproportionately negative impact on African American athletes. It is against this backdrop that the Article examines the racial implications of the NCAA’s past and present academic standards.

These standards consist of initial eligibility rules, progress-toward-degree requirements, the graduation success rate, and academic progress rate, the latter two of which comprise the NCAA’s Academic Performance Program. …

Title Ix's Trans Panic, Deborah L. Brake

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

Sport has long been a site of struggle over competing conceptions of social justice, with no cultural flashpoint more contested than gender. A key site of contention has been the meaning and application of Title IX. With June of 2022 marking the law’s fiftieth anniversary, Title IX has been lauded as the law that launched girls’ and women’s sports from the shadows to their present, more celebrated posture. As these anniversary tributes often emphasize, female athletic participation has soared to new heights in all levels of sports. But Title IX also houses tensions and dilemmas for gender justice that were …

Title Ix In Historical Context: 50 Years Of Progress And Political Gamesmanship, Helen Drew, Marissa Egloff, Josie Middione

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

On the fiftieth anniversary of Title IX, it is important to recognize both its historic nature and how it has evolved in political and social context. This Article will begin by examining the history of women’s athletics pre–Title IX, focusing on what activities women participated in, why, and how societal norms shaped their ability to do so. Next, the Article will examine the status of women’s athletic opportunities as Title IX was first proposed, with an emphasis upon its nexus to the women’s rights movement and the Equal Rights Amendment initiative. The Article will then provide historical background for key …

What's Wrong With The Ncaa's New Transgender Athlete Policy?, Erin Buzuvis

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

In 2022, the NCAA changed its long-standing policy permitting transgender athletes to participate in teams that correspond to their affirmed gender. For twelve years, the NCAA permitted transgender women to participate in women’s sports events under NCAA control, so long as they first underwent a year of androgen suppression. Starting in 2020, however, a political movement to ban transgender women and girls from competing in women’s sport, galvanized by backlash against a single collegiate swimmer, has challenged NCAA’s inclusive approach. Rather than demonstrate leadership and support for rights of transgender women to compete, the NCAA revised its policy to one …

Cutting The Idea's Gordian Knot: Accepting Entanglements Of Disability And Self And Embracing A "Best Interests" Approach To Disciplining Students With Disabilities, Sarah A. Husk

The Journal of Law and Education

No abstract provided.

A Cil Right To Free And Compulsory Education, Nate Schmutz

The Journal of Law and Education

No abstract provided.

Applying Bostock: The Queer Case Against Public Single-Sex Schooling, Robert Blake Watson

The Journal of Law and Education

No abstract provided.

Gifted Tracking As A Racist Vestige Of Eugenic Thought, Lydia Robins Hendrix

The Journal of Law and Education

No abstract provided.

Don't Say Gay: The Government's Silence And The Equal Protection Clause, Clifford Rosky

Utah Law Faculty Scholarship

This paper will argue that the LGBT movement has played, and will continue to play, a significant role in developing doctrines that subject government speech to the requirements of the Equal Protection Clause. In particular, the paper will examine how this doctrine is being developed in litigation around anti-LGBT curriculum laws—statutes that prohibit or restrict the discussion of LGBT people and topics in public schools. It argues that this litigation demonstrates how the Equal Protection Clause can be violated by the government’s silence, as well as the government’s speech. In addition, it explains why the Don’t Say Gay Laws recently …

Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer

Cardozo Journal of Equal Rights & Social Justice

The note addresses the disproportionate representation of English Language Learners (ELLs) in special education, arguing that the Individuals with Disabilities Education Act (IDEA) is insufficient in addressing their unique linguistic and cultural needs. It advocates for reforms to the IDEA, including enhanced pre-evaluation screening, culturally sensitive assessments, and an expanded definition of the Least Restrictive Environment (LRE) to ensure ELLs receive appropriate educational support without misclassification.

Reckoning With Structural Racism In Legal Education: Methods Toward A Pedagogy Of Antiracism, Doron Samuel-Siegel

Cardozo Journal of Equal Rights & Social Justice

There is an empty quality to much of what passes as "diversity, equity, and inclusion" work in legal education. Despite a robust body ofscholarship on teaching law consistent with the goals of antiracism, many legal educators struggle to put theory into practice. This Article responds to that struggle, offering a holistic, methodical approach to a pedagogy of antiracism whose goal is twofold: create conditions in which racially minoritized students learn to their full potential, free from the harms of traditional legal education; and equip all students, regardless of identity, to contribute to the dismantlement of structural racism. Absent such pedagogy, …