Education Law Commons^™

Hb 1084: Protect Students First Act, Rebecca Rhym, Dori Butler

Georgia State University Law Review

The Act prohibits local school systems, charter schools, and their employees from teaching or advocating for divisive concepts as defined in the Act. Training programs for teacher certification by the Professional Standards Commission may not advocate for such divisive concepts. The Act also implements a complaint resolution policy for aggrieved parent(s), students, or school employees that allows them to appeal decisions to the State Board of Education, which can ultimately require local school systems to adopt a corrective action plan upon a finding of a violation of the Act. Local school systems that fail to adopt the corrective action plan …

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach

Honors Theses and Capstones

The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …

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 …

Racial And Cultural Competence Through The Eyes Of Public-School Educators, Laquita Mcmillion

Dissertations

The discussion of racial and cultural competence in public schools today is necessary. The student population of public schools across the United States has significantly grown racially and culturally diverse. Through the use of a narrative inquiry and a critical lens, this study explored the perception and experiences of public-school educators focused on the topic of racial and cultural competence as it relates to their classroom practice and educational policies. The focus of this research (1) describes and analyzes my personal experiences through the use of qualitative approaches, (2) shares the experiences and perceptions of three public-school educators, and (3) …

Free Speech, Social Media, And Public Universities: How The First Amendment Limits University Sanctions For Online Expression And Empowers Students, Staff, And Faculty, Eric T. Kasper

Mitchell Hamline Law Review

No abstract provided.

When Binding Doesn't Really Mean Binding: The Early Decision College Application, Jean Steadman

Mitchell Hamline Law Review

No abstract provided.

The Golem In The Machine: Ferpa, Dirty Data, And Digital Distortion In The Education Record, Najarian R. Peters

Washington and Lee Law Review

Like its counterpart in the criminal justice system, dirty data—data that is inaccurate, incomplete, or misleading—in K-12 education records creates and catalyzes catastrophic life events. The presence of this data in any record suggests a lack of data integrity. The systemic problem of dirty data in education records means the data stewards of those records have failed to meet the data integrity requirements embedded in the Family Educational Rights and Privacy Act (FERPA). FERPA was designed to protect students and their education records from the negative impact of erroneous information rendered from the “private scribblings” of educators. The legislative history …

Assessing Amateurism In College Sports, Casey E. Faucon

Washington and Lee Law Review

College sports generate approximately $8 billion each year for the National C[artel] Athletic Association and its member institutions. Most of this revenue flows from lucrative television broadcasting deals, which often incorporate the right to commercialize and sell the names, images, and likenesses of college athletes. Under its current revenue scheme, student-athletes—85 percent of whom live below the poverty line—receive a share of zero. For over a century, we’ve justified this exploitative distribution scheme under a cloak of student-athlete “amateurism.” Antitrust challenges to the NCAA’s amateurism rules clash with the assumption that “amateurism” is a revered tradition and an important tenet …

The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell

Washington and Lee Law Review

In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.

The Unintended Consequences Of The Court's Religious Freedom Revolution: A History Of White Supremacy And Private Christian Church Schools, Vania Blaiklock

Scholarly Articles

Although private church schools have historically received less attention than charter schools and other private nonsectarian schools in public discourse, in recent years, the Supreme Court’s First Amendment jurisprudence has allowed private church schools to make great strides in achieving state funding. At a time where public education is facing criticism on all sides, it seems natural that school choice supporters are more vocal than ever. This Essay takes a closer look at private church schools and their relationship to white supremacy in anticipation of the Court’s decision in Carson ex rel. O.C. v. Makin. Ultimately, that case will …

Two Sides Of The Same Token: An Examination Of Segregation, Memory, And White Supremacy In Contemporary Church Schools, Vania Barbriana Blaiklock

Scholarly Articles

A Thesis presented to the Graduate Faculty of The College of William & Mary in Candidacy for the Degree of Master of Arts

This thesis is a portfolio containing two essays about private Christian church schools with an introductory essay to connect both projects. The first essay, “A Convergence of Purpose: Segregation and White Supremacy in Contemporary Church Schools,” is a comprehensive examination of the development and creation of church schools that first looks at the distinction between church schools and segregation academies, and then assesses the relevance that the distinction, or the lack thereof, plays in maintaining white supremacy …

Weathering The Storm: Is California’S Anti-Harassment Education Training The Life Preserver Lgbtq Youth Have Been Hoping For?, Natalie Purcell O'Dwyer

University of San Francisco Law Review

No abstract provided.

Restating The "F" Word: The Cursing Cheerleader, The First Amendment, And Proximate Cause, Don Corbett

University of San Francisco Law Review

No abstract provided.

Transgender Student-Athletes Punch Back: A Legal Analysis Of States' "Fairness In Women's Sports Act" And How It Violates The Fourteenth Amendment And Title Ix, Daniel Jimenez

University of San Francisco Law Review

No abstract provided.

Legal Fiction: Reading Lolita As A Sentencing Memorandum, Christina Frohock

Articles

No abstract provided.

The Unstoppable Spread Of English In The Global University, Rosemary C. Salomone

Faculty Publications

As English has spread across higher education worldwide, it has generated ongoing debate and a wealth of scholarship raising academic and national concerns, but with little, if any, pause or retreat on policies and practices. This article examines that puzzling disconnect within the broader framework of the rise of English as the dominant lingua franca, its historical grounding, its social and economic implications, and its diverse course within Europe and postcolonial countries.

An Apple A Day Keeps Educational Malpractice Lawsuits At Bay: Applying Principles Of Medical Malpractice's "Locality Rule" To Deconstruct The Academic Abstention Doctrine, Madeline Bergstrom

American University Law Review

Education serves as one of the most impactful and purposeful tools in American society. However, the United States education system suffers from many shortcomings and failures, and as a result, may occasionally lead to student harm from the actions of educators or academic institutions. These claims commonly allege that educators and academic institutions engaged in negligent behavior, and students or parents bringing these claims are often looking for legal relief through the judicial system. These claims are typically labeled as educational malpractice, and historically, courts have almost uniformly rejected these claims as non-cognizable actions.

This Comment argues that this judicial …

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.