Open Access. Powered by Scholars. Published by Universities.®

Education Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,062 Full-Text Articles 5,101 Authors 8,125,983 Downloads 212 Institutions

All Articles in Education Law

Faceted Search

6,062 full-text articles. Page 64 of 165.

Retitling Title Ix, Matthew F. Marino 2020 Seton Hall University

Retitling Title Ix, Matthew F. Marino

Seton Hall University Dissertations and Theses (ETDs)

Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX …


Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson 2020 William & Mary Law School

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

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

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …


Flunked Out: A Comparative Look At State Educational Code, Title Vi Of The Civil Rights Act, And Slavery Education, Emory French-Folsom, Maryn Rolfson 2020 Brigham Young University

Flunked Out: A Comparative Look At State Educational Code, Title Vi Of The Civil Rights Act, And Slavery Education, Emory French-Folsom, Maryn Rolfson

Brigham Young University Prelaw Review

In 2017, a mock slave auction was held in a 5th grade classroom at

South Orange Elementary School in New Jersey, which included the

‘sale’ of a black child by white students. A few weeks after this incident,

students from another elementary school in the same district

made posters advertising the sale of African American slaves, which

were displayed in school hallways. Wisconsin 4th graders in 2018

were given a homework assignment which asked them to explain

“three good reasons for slavery.”


Table Of Contents, 2020 University of South Carolina

Table Of Contents

The Journal of Law and Education

No abstract provided.


Through A Glass Darkly: Eligibility Under The Idea - The Blurry Boundary Of The Special Education Need Prong, Perry A. Zirkel 2020 University of South Carolina

Through A Glass Darkly: Eligibility Under The Idea - The Blurry Boundary Of The Special Education Need Prong, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Universities & Other Institutions Of Higher Education - Recent Decisions, 2020 University of South Carolina

Universities & Other Institutions Of Higher Education - Recent Decisions

The Journal of Law and Education

No abstract provided.


Dear God, Another Kentucky Establishment Clause Case?, Dani Burns 2020 University of South Carolina

Dear God, Another Kentucky Establishment Clause Case?, Dani Burns

The Journal of Law and Education

No abstract provided.


Should Schools Be Held Liable For Students' Injuries In School Shootings?, Catherine Pierce 2020 University of South Carolina

Should Schools Be Held Liable For Students' Injuries In School Shootings?, Catherine Pierce

The Journal of Law and Education

No abstract provided.


Disaggregation & Diversity: A Case For Race Conscious Admissions, Connor Oniki 2020 Brigham Young University

Disaggregation & Diversity: A Case For Race Conscious Admissions, Connor Oniki

Brigham Young University Prelaw Review

Since its founding, people all over the world have looked towards

America as a land of opportunity. Immigrants viewed it as a place

for fresh starts, new beginnings, and equal chances. However, for

centuries, concrete and subtle barriers have slowed the opportunity

for progress for those who are not in the majority. Throughout America’s

beginnings, lawmakers legalized segregation and discrimination

throughout the country multiple times. The Chinese Exclusion

Act prevented Asian Americans from immigrating to the United

States to pursue opportunities. Jim Crow laws enforced racial segregation

and ensured that though African Americans were no longer

enslaved, they did not …


Commentary - Elementary & Secondary Education - Student Work: Articles, Notes, & Comments, 2020 University of South Carolina

Commentary - Elementary & Secondary Education - Student Work: Articles, Notes, & Comments

The Journal of Law and Education

No abstract provided.


Supreme Court Decisions Recent Decisions, 2020 University of South Carolina

Supreme Court Decisions Recent Decisions

The Journal of Law and Education

No abstract provided.


Elementary & Secondary Education - Recent Decisions, 2020 University of South Carolina

Elementary & Secondary Education - Recent Decisions

The Journal of Law and Education

No abstract provided.


Drawing The Line: Modifying Justice O'Connor's Ceremonial Deism Test To Determine When References To Religion In Public Schools Violate The Establishment Clause, Brandon K. Wharton 2020 University of South Carolina

Drawing The Line: Modifying Justice O'Connor's Ceremonial Deism Test To Determine When References To Religion In Public Schools Violate The Establishment Clause, Brandon K. Wharton

The Journal of Law and Education

No abstract provided.


The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine 2020 Yale Law School

The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine

Buffalo Law Review

The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …


The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe 2020 University of South Dakota

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …


Law In The Time Of Covid-19, Katharina Pistor 2020 Columbia Law School

Law In The Time Of Covid-19, Katharina Pistor

Faculty Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal issues the …


Understanding Assignments: English, Comparative And Private International Law: Some Possible Implications, Chee Ho THAM 2020 Singapore Management University

Understanding Assignments: English, Comparative And Private International Law: Some Possible Implications, Chee Ho Tham

Research Collection Yong Pung How School Of Law

It is not always appreciated that equitable assignment is not “assignment”, the latter being a mode of transfer which involves substitution of the assignee in place of the assignor as obligee to the obligor of the chose in action which has been assigned. This article explains how the “substitutive transfer” conception of equitable assignment is contradicted by well-accepted features of assignment law, and suggests an alternative, non-substitutive account of equitable assignment which provides for a much better “fit”. This article will then suggest some of the implications which may arise from looking at equitable assignment in this non-substitutive manner.


Constitutional Diversity In New York's Specialized High Schools: The Shsat, The Discovery Program, And The Fourteenth Amendment, Corey Hirsch 2020 Benjamin N. Cardozo School of Law

Constitutional Diversity In New York's Specialized High Schools: The Shsat, The Discovery Program, And The Fourteenth Amendment, Corey Hirsch

Cardozo Law Review

No abstract provided.


The Title Ix Contract Quagmire, Bryce Freeman 2020 University of Michigan Law School

The Title Ix Contract Quagmire, Bryce Freeman

Michigan Law Review

Courts and scholars have long grappled with whether and to what extent educational institutions are in contract with their students. If they are, then students can sue their private universities for breaching that contract— ordinarily understood as the student handbook and other materials—when the institution levies a disciplinary action against the student. But what promises, both implicit and explicit, do private universities make to their students that courts should enforce? This question has resurfaced in the Title IX context, where courts have largely drawn clear dividing lines between the rights of public and private university students. This Comment provides a …


Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside III 2020 Brigham Young University Law School

Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii

Brigham Young University Journal of Public Law

No abstract provided.


Digital Commons powered by bepress