Education Law Commons^™

Teaching A Social Justice Approach To Leadership In Law Schools, Tamar Ezer

Articles

Leadership is critical for social justice. Our law students have the potential to serve as future social justice leaders, building strong organizations and movements to carry out this work. Drawing on both leadership theory and practical examples from clinical legal education, this piece argues for a broad definition of leadership, embracing diversity and encompassing the counter-cultural values of listening and humility. It further proposes a three-dimensional model of social justice leadership, engaging the mind, heart, and spirit, and suggests teaching practices to strengthen each component. The first dimension focuses on cognitive competencies, including substantive mastery of an area of law …

Impeachment By Conviction With Crimes Of Dishonesty Or False Statement: The Automatic Admit Feature In Rule 609(A)(2), David Crump

St. Mary's Law Journal

No abstract provided.

Of Property And Pilgrims: The Myth Of Communal Property And The Realities Of Corporate Charters And Land Tenures In Plymouth Colony, Liam Cronan

St. Mary's Law Journal

No abstract provided.

In Bad Faith: The Binding Of The Establishment Clause On The Altar Of Free Exercise, Ian G. Klein

St. Mary's Law Journal

This Article contends that the facially unconstitutional introduction of mandatory Biblical instruction into Oklahoma public schools and mandatory posting of the Ten Commandments in Louisiana and Texas public schools reflect a deliberate strategy to bring Everson v. Board of Education[1]—which incorporated the Establishment Clause against the states vis-à-vis the Fourteenth Amendment—before the review of a hyper-‍partisan Supreme Court, with the ultimate goal of its reversal, allowing endorsement and declaration of religion on a state level.[2]  The Article will demonstrate that this is consistent with nearly two decades of Religion Clause jurisprudence, culminating in the overturn of the …

Dissociative Identity Disorder And The Creation Of The Court Forensic Psychologist, Sarah Nicole Peacock

St. Mary's Law Journal

No abstract provided.

Does A Restrictive Clause Preventing The Resale Of A Vehicle Belong In The Proverbial “Bundle Of Sticks”?, Richard "Tres" Lyons Iii

St. Mary's Law Journal

No abstract provided.

Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and recognized as a separate and important goal of higher education.

We begin by sharing a set of definitions to identify the problem more precisely. Next, we examine the stakes of groupthink setting in. Then, we will introduce some of FIRE’s research on campus climate, which suggests the presence of an existing monoculture. Through the lens of a case study at Harvard …

Happy Belated Iep: How A Notice Of Procedural Safeguards Fails Children With Specific Learning Disabilities, Chrystal Clodomir

Kentucky Law Journal

No abstract provided.

Campus Coverage: How Biden's Title Ix Regulations Threaten Free Speech, Academic Freedom, And University Liability, Alex Drury

Kentucky Law Journal

No abstract provided.

Defining The Undefined: Reimagining The “Undue Hardship” Standard In Light Of Its Harmonious Interpretation, C. Sam D’Alba

St. John's Law Review

(Excerpt)

Part I of this Note provides background on the student loan crisis and the history of the nondischargeability of student loan debt. Part II of this Note examines the DOJ’s Guidance on litigating “undue hardship,” the intra-circuit criticism of the Brunner framework, and the need for harmony in understanding “undue hardship” in light of other authority governing student loans. Part III of this Note argues for a shift in the analysis of “undue hardship” based on practical guidance from the DOJ, the DOE, and the courts. This shift focuses on the subjectivities of each bankruptcy case and the need …

Beyond Equality To Belonging: The Missing Value In Equal Protection Law Involving Education, Danieli Evans

Washington Law Review

Belonging is a fundamental need without which people cannot function optimally. Accordingly, school belonging—students’ perceptions of mattering or feeling cared about, accepted, respected and valued by faculty, staff, and peers—impacts students’ well-being, academic motivation and outcomes.

Equal Protection jurisprudence governing education largely overlooks the value of school belonging. Instead, it centers on a formal conception of equality, or an “anti-classification” principle, which essentially prohibits purposeful discrimination based on a fixed set of suspect traits. This formalistic “anti-classification” approach permits many policies and practices that undermine students’ sense of school belonging and inhibits schools from taking certain measures to foster belonging. …

Religious Higher Education Institutions In Ukraine: The Evolution Of The Problem And The Collision Of The "Secular–Religious" Dichotomy, Serhii Kostiuchkov, Vadym Slyusar, Lesya Chervona, Mykola Slyusar

Occasional Papers on Religion in Eastern Europe

The article is devoted to institutional, legislative, philosophical and communicative analysis of the activities of religious higher education institutions in modern Ukraine, taking into account political, social, legal, religious and communicative contexts. The authors examine the demand for religious education in modern Ukraine, which demonstrates high internal dynamics and promising prospects for the development of the domestic religious educational space. It is emphasised that the functioning of religious higher education institutions in Ukraine is regulated by the principle of constitutional separation of education from religion, while at the same time basic legal norms create specific conditions for the functioning of …

Wealth-Based Disparities In Higher Education: Compounding Privilege, Multiplying Barriers, Rachel Moran, Jonathan D. Glater

Faculty Scholarship

This Special Issue is prompted by a confluence of developments in higher education: increasing access to postsecondary schooling overall and concurrent increasing socioeconomic inequality. After World War II, American colleges and universities began to “massify,” expanding their enrollments by opening their doors to people who previously would have found them closed. First, these institutions admitted veterans, then people of color and women (Altbach and Reisberg 2018, p. 63; Gumport et al. 1997, p. 2; Labaree 2017, pp. 106–7). The U.S. was not an outlier, and in the ensuing decades, nations around the globe saw unprecedented increases …

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

How Leftism Corrupted American Higher Education, Cardozo Federalist Society

2025–2026 Flyers

Join Newsweek Senior Editor-at-Large and Article ITI Project Senior Counsel Josh Hammer for a timely and unfiltered analysis of the state of legal academia in America.

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …