Education Law Commons^™

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

Faculty Scholarship

Abstract

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement’s presence squarely in the racist history of policing and school policing, the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools …

First Do Not Harm: Revisiting Meriwether V. Hartop And Academic Freedom In Higher Education, Inara Scott, Elizabeth Brown, Eric Yordy

American University Law Review

repeal and amend substantive statutes unilaterally, a power that can threaten bedrock commitments to our federalism and to our constitutional rights to the jury. The decisions about how and when to displace state law in favor of federal law and about how and when to grant powers to juries over judges cannot be vested in the Judicial Branch alone without the structural restraints of an Article III “case or controversy.” The paper concludes by offering some ways to fix our evidence law and to put it on firmer footing, permitting better power-sharing and dialogue between two branches of government—Congress and …

The Mental Health Crisis On Campus: Liability Implications Of Using Emerging Technology, Betsy J. Grey

American University Law Review

Institutions of higher education are facing a “mental health crisis.” Students are experiencing high rates of mental health issues, exacerbated by the pandemic. At the same time, the severity of psychological disorders is accelerating among students. These developments have put enormous pressure on traditional university support systems, and schools have turned to new technologies, like online mental health resources and monitoring systems using artificial intelligence, to expand their mental health services. This article explores the liability implications of using these emerging technologies to address these escalating needs. Universities offer mental health services in good faith to help their students succeed, …

Hostile Learning Environments, The First Amendment, And Public Higher Education, Todd E. Pettys

Connecticut Law Review

The Supreme Court has never squarely addressed the First Amendment status of student-on-student verbal harassment at public institutions of higher education. Does the First Amendment permit public colleges and universities to discipline students on the grounds that their speech has created a hostile learning environment for others on campus? If so, what is the analysis underlying that constitutional judgment, and what are the requisite hallmarks of such an environment? Does it matter whether a student’s speech created the hostile learning environment on its own or whether it wielded that power only by virtue of its combination with the speech of …

Children, Disability, And The Digital Classroom: Rethinking Access And Assistive Technology For Low-Income Children With Disabilities In The Digital Age, Ashley R. Nyce

Connecticut Law Review

As U.S. public schools increasingly incorporate digital learning tools at home, primary and secondary classrooms have come to transcend their traditionally brick-and-mortar walls. While these hybrid learning environments provide powerful spaces to build digital literacy skills, low-income children with disabilities—among the most vulnerable students in the U.S. education system—are increasingly left behind. Recent data suggest that children with disabilities, particularly low-income children with disabilities, are less likely than their peers to have the fundamental technology necessary to access classrooms’ increasingly digital spaces. This discrepancy exacerbates disparate outcomes between children with and without disabilities, as those with disabilities receive lower test …

The Great (Un)Equalizer: Education As A Fundamental Right, 55 Uic L. Rev. 803 (2022), Nicholas Kresl

UIC Law Review

No abstract provided.

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

Oklahoma’S Health Education Act And The Benefit Of Comprehensive Sex Education Curriculum, Landes Bauter

Seattle Journal for Social Justice

No abstract provided.

Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani

South Carolina Law Review

No abstract provided.

Let's All Be..Georgia? Expanding Access To Justice For Incarcerated Litigants By Rewriting The Rules For Writing The Law, Ashley Krenelka Chase

South Carolina Law Review

No abstract provided.

Address At The Constitution Day Convocation Of The University Of South Carolina School Of Law, J. Michael Luttig

South Carolina Law Review

This Article is a minimally edited transcript of The Honorable J. Michael Luttig’s Address given on September 15, 2022 at the University of South Carolina School of Law’s Constitution Day Convocation. Judge Luttig served on the United States Court of Appeals for the Fourth Circuit 1991–2006.

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

American University Law Review

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement’s presence squarely in the racist history of policing and school policing, the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools must …

Title Ix Abroad: A Proposed Framework For Extraterritorial Application, Christina Vieira Da Rosa

Lewis & Clark Law Review

Regulatory changes to Title IX made clear that the statute’s sexual assault grievance procedures do not apply to incidents that take place outside the United States. This Comment explores the reasoning underlying these 2020 regulations, which signal a departure from prior interpretations of Title IX and limit recourse for U.S. students who are sexually assaulted while studying abroad. Ultimately, this Comment argues that Title IX should have an extraterritorial reach when both complainant and respondent are affiliated with U.S. institutions. Such a change would harmonize Title IX’s underlying purpose with the practical difficulties of investigating and adjudicating conduct occurring outside …

Don’T “Estop” Me Now: Estoppel, Government Contract Law, And Sovereign Immunity If Congress Retroactively Repeals Public Service Loan Forgiveness, Michael J. Cole

Lewis & Clark Law Review

This Article discusses whether Direct Loan borrowers can obtain recourse against the federal government using either promissory or equitable estoppel theories if Congress retroactively repeals the Public Service Loan Forgiveness (“PSLF”) program. The Article addresses various hurdles, including sovereign immunity and the Sovereign Acts Doctrine, which the borrowers would encounter at litigation. It concludes that, despite likely overcoming these hurdles, in many cases, the plaintiff-borrowers’ government contract law claims would likely still fail to win on their merits. The Article also contends that most, if not all, equitable estoppel claims would likely fail before a court. The Article then offers …

Using The Internal Revenue Code To Limit Coaching Salaries: A Proposal To Bring Amateurism Back Into College Football, Blaire Mikesell

Indiana Law Journal

Since formal collegiate athletic competitions began in 1852, they have gained popularity and become a mainstay in American culture. This rise in popularity coupled with increased media coverage allowed college athletics, and particularly college football, to grow into a successful business that generates billions of dollars in revenue each year. Colleges and institutions earn this athletic revenue as tax-free income due to their tax-exempt status under the Internal Revenue Code § 501(c)(3) tax-exemption statute. The basic policy underlying this statute is as follows: colleges and universities provide an important benefit to the public by providing education, and in exchange for …

Doe V. Brown University, 253 A.3d 389 (R.I. 2021), Katie Gradowski

Roger Williams University Law Review

No abstract provided.

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.

Blood, Sweat, Tears: A Re-Examination Of The Exploitation Of College Athletes, Keely Grey Fresh

Washington and Lee Journal of Civil Rights and Social Justice

2021 Louise Halper Award Winner for Best Student Note

The unrest revolving around compensation for college athletes is not a new concept. However, public attitudes are shifting. With spirited arguments on both sides, and the recent Supreme Court decision of National Collegiate Athletic Association v. Alston regarding antitrust exemptions, the issue has been placed in a spotlight. This Note examines the buildup of discontentment through the history of the NCAA and amateurism, specifically how the term “student-athlete” became coined. It will then move to litigation efforts by athletes in an attempt to gain employment status, and an alternative route of …

Hb 1: Forum Act, Tuscan Fairfield, Paul-Michael Haley

Georgia State University Law Review

The Act prevents the creation of free speech zones at public institutions of higher education including Georgia universities, colleges, and technical colleges. Additionally, the Act allows universities to create reasonable, content- and viewpoint-neutral, and narrowly tailored time, place, and manner restrictions on any expressive activity on campus.

Sb 226: Amendments To The Quality Basic Education Act, Katie Drees, Lauren George

Georgia State University Law Review

The Act requires each local board of education to adopt a complaint resolution process to be used by its local school system to address parents’ or permanent guardians’ complaints alleging that harmful material has been provided or is currently available to a minor student.