Education Law Commons^™

How We Failed Our Children By Failing Them: A Legal Analysis Of Scrapping Of No-Detention Policy In India, Debargha Roy, Sarthak Sahoo

National Law School of India Review

The ratification of the Convention of the Rights of the Child by India in 1992 obligated her towards developing legislation and interpreting laws in harmony with the convention in a child-centred manner to protect the best interests of the child. With the reading of right to education as a part of Right to Life under Article 21 of the Indian Constitution by the Supreme Court, followed by the insertion of Article 21A by the Parliament that guaranteed the right to free and compulsory education to children from the age of six to fourteen, there was a need to introduce a …

Inferring Duty Under The “Stop Campus Hazing Act”: National Fraternity And Sorority Liability, Gregory S. Parks

Oklahoma Law Review

No abstract provided.

The Disability History Of Brown V. Board Of Education, Britney R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson’s longstanding “separate but equal” mandate and ruled that the segregation of students based …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

The Social Promise Of Hybrid Entities, Frederick M. Spight Jr.

American University Business Law Review

Many Historically Black Colleges and Universities (HBCUs) are struggling to stay afloat. These historic, and historically underfunded, institutions suffer from a chronic shortage of resources, leading to the notable closures of schools, like Concordia College. Some critics question the modern place of the HBCU as a relic of a bygone era. This article argues, however, that HBCUs are worth sustaining and provides the legal tool to do so: the hybrid entity. 

Hybrid entities arose from the social enterprise movement, which sought to harness the power of both nonprofit and for-profit organizations. Operating under the philosophy of “doing well, while doing …

But Who Are The Victims? Reassessing The 568 Higher Education Cartel, James V. Koch

Economics Faculty Publications

Thirty prestigious independent American institutions of higher education were at some time members of the 568 higher education group (often labeled a cartel). Seventeen of them were sued by the U.S. Government and representative students who alleged that their meetings and deliberations resulted in collusion that caused students to pay higher prices. Twelve of the seventeen institutions subsequently settled their cases and by 2024 collectively had paid $284 million to do so. However, an inspection of these institutions' pricing reveals that the median 568 Group institution lowered its average real net annual cost to its undergraduate students by 19.07% between …

Weaponizing Religion Against The Human Emotion Of Empathy: A Call To Fight Coercive Settlement Attempts On The Merits, Jeffrey Dodge

Faculty Scholarship

In March 2023, America First Legal filed a lawsuit against West Shore School District in Camp Hill, Pennsylvania. In the complaint, the plaintiffs argued that empathy related instruction from the district’s social emotional learning curriculum violated their parental and religious rights. Nearly every headline about the lawsuit included a quote from a plaintiff parent asserting that “Not every human is deserving of my child’s empathy.” At the time of filing, America First Legal and counsel, Wally Zimolong, argued that students in this school district were illegally being subjected to a radical and invasive curriculum.

School officials denied wrongdoing in receiving …

Mahmoud V. Taylor: Cause Or Effect Of Disruptions In Public Schools?, Richard B. Katskee, Ira C. Lupu

Faculty Scholarship

Mahmoud v. Taylor represents an extraordinary departure from long-standing constitutional norms about the rights of parents of children in public schools. In Mahmoud, the Supreme Court upheld a Free Exercise Clause claim by parents in Montgomery County, Maryland, who sought to have their children (grades K–5) excused from readings that contain LGBTQ characters and themes. The majority opinion by Justice Alito rests on a highly controversial reading of Wisconsin v. Yoder.

Part I of the paper provides the doctrinal and historical backdrop to Mahmoud, which reflects the acute tension between a once-narrow understanding of Yoder and the post-Obergefell backlash against …

The Freedman's Savings Bank And Financial Literacy Education, Alexis Ann Ballance

Law Student Publications

In the United States, white, non-Hispanic individuals possess approximately seven times the wealth of Black individuals. One recent study found that for every 100 dollars in wealth held by a white household, a Black household holds about fifteen dollars. This disparity in wealth accumulation is referred to as the wealth gap, and it has historically stratified along racial lines. Although income inequality contributes to this disparity, the racial wealth gap is much more pronounced and continues to grow. ...

The Role Of Legal Uncertainty, Risk, Institutional Size, And Mission In Presidential Selection: Is The Trend To Lawyer-Presidents An Unmitigated Good?, Nora V. Demleitner

Touro Law Review

This Article builds on Patricia Salkin’s May It Please the Campus which documents the extent to which legally trained persons have led U.S. institutions of higher education since colonial times. It explains the perennial attraction of lawyer-presidents despite substantial changes in legal training, in the professional formation of attorneys, and the transformation of higher education, especially with the rise of the modern research university, governmental investment, and heightened regulation of colleges and universities. Governing boards are increasingly attracted to the skills ascribed to lawyers and their personal characteristics, including the common law appreciation for slow change. This Article highlights how …

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin J. Milczarek-Desai, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question andfinds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product's patent status conveys little information about whether it is superior to competing offerings. The results hold …

Governing Generative Ai In Higher Education: A Global Delphi Study On Policy And Practice, Helen Crompton, Diane Burke, Christine Nickel, Aras Bozkurt, Fengchun Miao, Mike Sharples, Jeffrey Alan Greene, David Parsons, Lucy Gill-Simmen, Adam Edmett, Mark Pegrum, Inge De Waard, Curtis J. Bonk, Manuel B. Garcia, John H. Curry, Leeann Lindsey, Mohan Yang, Stephen Marshall, Maha Bali, Nellie Deutsch, Suzaan Le Roux, Mourad Benali, Mohd Ali Bin Samsudin, Hasan Tinmaz, Matthew L. Bernacki, Mari Van Wyk, Lenandlar Singh, Agnes Chigona, Lance Eaton, Junhong Xiao, Johanna Velander, Jinhee Kim, Francisco Bellas, R. Rajalakshmi, Andréia De Bem Machado, Agnieszka Palalas, Sean Yu

STEMPS Faculty Publications

As GenAI technologies become more pervasive in higher education (HE), scholars call for guidance on AI governance. To meet this need, a Delphi technique and collective writing was used in gathering expert perspectives from across 22 countries/locations and six continents. This resulted in the development of a HE GenAI policy/guidelines framework with eight core areas: (1) academic integrity, (2) ethical use and responsible use, (3) privacy and protection, (4) equitable access, (5) GenAI literacy, (6) integration strategy, (7) human oversight and accountability, and (8) institutional support and infrastructure. In addition, a six-part framework was developed to ensure that policies remain …

Law And The Moral Geography Of Urban Education, Rebecca Horwitz-Willis

Lewis & Clark Law Review

In contemporary discussions, urban schools are often labeled as “bad,” while suburban schools are generally regarded as “good.” These assessments are typically based on achievement metrics, resource allocations, and the demographics of student populations. However, this Article offers a new lens through which to analyze the valuation of urban schools: the relationship between local vice regulation and what I term “educational geographies” in urban areas. Specifically, it argues that the location of vice institutions in cities has disproportionately impacted Black neighborhoods, thereby devaluing the educational geographies within these communities. These distributions do not just impact market value, but rather, also …

A Mandate With Teeth: Biting Back At The Neglect Of New York's Humane Education Law, Mei Brunson

Animal Law Review

New York passed its compulsory humane education law in 1917, which obligates school districts to provide weekly instruction in the “humane treatment and protection of animals” to all elementary school students. Though this mandate is clear, New York school districts routinely ignore it and deprive students of the humane education that they are statutorily entitled to. To make matters worse, the New York Commissioner of Education has abdicated their responsibility to enforce this minimum educational standard. Over the years, the laudable efforts of advocacy groups, educators, and legislators have brought about some instances of district compliance. Nevertheless, widespread district noncompliance …

Justice In Erotic Spaces, Elena L. Cohen

Cardozo Journal of Equal Rights & Social Justice

This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …

Breaking The Perpetual Social Injustice Cycle By Implementing Race-Neutral Alternatives As A Means To Create Equitable Admissions Practices In Higher Education, Jazmin B. C. Jardim-Phipps

Cardozo Journal of Equal Rights & Social Justice

The article argues that higher education institutions can still achieve the compelling state interest of diversity while complying with the Students for Fair Admissions (SFFA) rulings by replacing race-based admissions with narrowly tailored, race-neutral alternatives. It proposes a model that redefines merit and prioritizes socioeconomic and first-generation status while eliminating legacy preferences to break cycles of systemic social injustice.

Anti-Zionism, Antisemitism, Antidiscrimination, Zalman Rothschild

Articles

This Article uses recent anti-Zionism cases as a case study in hostile environment causation. It briefly surveys the approaches to the causation element that courts have taken in other contexts and then examines the anti-Zionism decisions in detail. It finds that courts in these cases have consistently converged on the narrowest variant of the motive-based approach, treating proof of animus—subjective hostility toward Jews—as the operative route to causation. That approach has its attractions. It preserves breathing space for political speech and resists the claim that opposition to Zionism is necessarily hostility toward Jews. But it is not the only approach …

Carceral Schools: Black Geographies Of Confinement, Surveillance, And Policing, M. Alex Evans

FIU Law Review

This Article charts the deeply entrenched traditions of policing, containing, and surveilling blackness throughout this Nation’s history, with particular focus on Black students and schools. It provides school discipline data demonstrating the perpetual racial, gender, and ability disparities that Black students face decade after decade. It employs Black Geography as a theoretical framework to analyze school as a spatial and racial experience for all youth. This reading of carceral schools as Black geographic terrains of struggle expands the notion of school policing beyond dominant ideations which are largely limited to law enforcement officers in schools. It highlights the extent to …

The Evolution Of School Accountability In Virginia: Research, Early Results, And Implications For Policy And Practice, David Naff, William L. Parker, Meleah Ellison, Amy Bollt, Andrea Herndon, Paula Muente Mizushima, T'Airra Belcher, Lauren Grob, Lindsay Duncan, Kelly Denny, Emily Leavitt, Gyun Min Jung, Theresa Thompson, Sandra Rucker, Meredith Collier, Jamelle Simmons, Samantha Hope

MERC Publications

This MERC research and policy review focuses on the School Performance and Support Framework (SPSF), Virginia's school accountability system. It synthesizes relevant research literature, student outcome data, and information about accountability systems in other states to provide context, projections, and potential next steps for the SPSF. It concludes with implications and recommendations for state policymakers and education leaders, school boards and division leaders, and school leaders and educators.

Evolving Legal Issues In Higher Education: Introduction To The Higher Education And The Law Symposium, Patricia E. Salkin

Touro Law Review

The Touro Law Review could not have selected a better time to highlight many of the evolving legal issues in higher education. It can be both an exciting time to practice law in this space and one that challenges the creative problem-solving skills of lawyers and their clients. This issue of the Law Review highlights a number of key developments and trends.