Education Law Commons^™

Ri Tenant Stabilization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants, Michael M. Bowden

Featured News Story

RWU Law students gain legal experience helping low-income tenants avoid eviction, while also forging longer-term solutions to Rhode Island’s ongoing housing crisis.

Professional Standards And The First Amendment In Higher Education: When Institutional Academic Freedom Collides With Student Speech Rights, Clay Calvert

St. John's Law Review

(Excerpt)

Using the decisions in Keefe, Oyama and Tatro as analytical springboards, this Article examines rising tensions between institutional academic freedom and the First Amendment speech rights of college students. Specifically, the friction addressed here occurs when universities enforce external professional standards on students within their curricula. Initially, Part I provides a primer on institutional academic freedom. Part II then contrasts the vastly deferential Hazelwood approach to professional-standards disputes embraced by the Eighth Circuit in Keefe with the somewhat more rigorous ones adopted by the Ninth Circuit in Oyama and Minnesota’s Supreme Court in Tatro.

Part III then …

How Higher Education Ombudsman Systems Can Benefit By Implementing Modified Restorative Justice Practices, Kyle Shiroma

Pepperdine Dispute Resolution Law Journal

This article will explore both the concerns and the beneficial effects of implementing ombudsman systems in higher education. After a brief background and history of the ombuds office, Section C will explain the significance of why universities should implement ombuds systems. Section D will discuss some of the benefits of the proposed solution, Section E will address some of the concerns raised about this solution, and Section F will explain how ombuds offices can benefit by incorporating restorative justice ideas in its practices. Section G will summarize and conclude this proposal.

Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn

West Virginia Law Review

No abstract provided.

De Facto Segregation: Tracing A Legal Basis For Contemporary Inequality, Erica Frankenberg, Kendra Taylor

The Journal of Law and Education

No abstract provided.

Gordon College, Religious Liberty And Accreditation, Michael Schay

The Journal of Law and Education

No abstract provided.

Forecasting The Implications Of Charter School Legislation In Kentucky: The Economic Impact Of Charter School Programs And A Suggestion For The Model Charter School, Jake Eldemire-Smith

The Journal of Law and Education

No abstract provided.

Recent Decisions

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Legal Issues Around Naloxone And Public Schools, Jessica Morgan

The Journal of Law and Education

No abstract provided.

Dispute System Design Can Help: To Bring About The Future Envisioned By Gpc Participants, We Need To Change The Structure Of What We Do, Lela P. Love, Lisa Blomgren Amsler, Mansi Karol

Articles

No abstract provided.

An Examination Of The Effects Of The Brown V. Board Of Education Ruling And The Desegregation Era, Toran Langford

The Annual Black Intersections Conference

´After adjusting to desegregation era, African-American students are at a split in the road: Where do we go? Since the beginning of time, educational systems have been created and destroyed. After the introduction of European thought at the beginning of the next millennium, European thought has flooded all academia. Ancient European thought has been replicated into contemporary white followers. Their scholarship has excluded the experience of African-Americans. Examining the philosophical, social, and historical facts forced the integration of schools, thus adding onto the beyond reach solution to Black coexistence in America. Brown v. Board of Education attempted to unify American …

Sick And Tired Of Hearing About The Damn Bathrooms, Colin Pochie

Chicago-Kent Law Review

Gavin Grimm’s struggle to access restrooms which align with his gender identity brought the plight of transgender students to the fore of national consciousness. With it came scrutiny of the judiciary’s historical failure to understand transgender individuals’ place in the law. The trend in cases like G.G. ex rel. Grimm v. Gloucester County School Board and Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education is reliance on equality theory and the law of sex stereotyping. And yet sex-stereotyping law does not mesh soundly with equality theory. Equality theory eradicates gendered difference—but the law of …

Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw

Chicago-Kent Law Review

Closures of urban open-enrollment neighborhood schools that primarily serve students of color are intensely controversial. Districts seeking to economize often justify closures by pointing to population shifts in historically densely populated urban areas. They argue that net reductions in a neighborhood’s school-aged population result in underutilized schools, which do a disservice to students at higher cost to districts. Students and their families and communities counter, pointing to histories of district neglect of their schools and recent school expansions in more affluent neighborhoods of similar population density as belying district claims of utility-based downsizing. In this article, I use a critical …

Nurturing Filipino Creativity: Philippine Education Policies In Support Of The Creative Industries, Glorife Samodio

Center for Business Research and Development

The future of the creative industries shows much promise in the Philippines. According to the United Nations Conference on Trade and Development (UNCTAD), the creative industries more than doubled its size from 2003 to 2012 (UNCTAD, 2016). Thus, its development is now carefully monitored, and programs are being created by different government agencies, with the goal of making the Philippines competitive in the creative field versus other countries in the region.

Despite the continuous growth of the sector, the expected increase in financial outcomes is quite low as the creative industries in the Philippines and Southeast Asia do not seem …

Incorrigible Students: A Criminal Oxymoron?, Shannon Lewry

Notre Dame Law Review

The Note proceeds in two Parts. The remainder of the Introduction presents a closed door: the Supreme Court’s hesitancy, to date, to find juvenile- life-without-parole sentences unconstitutional under the Eighth Amendment. After exploring the contours of the closed Door, the Introduction turns to an open window: education law. This, I argue, may be wielded to attack the lawfulness of juvenile-life-without-parole sentences on wholly nonconstitutional grounds. The Introduction concludes with remarks regarding this Note’s relevance and timeliness. Part I tracks the Note’s central argument, premise by premise, that state compulsory education laws and juvenilelife- without-parole sentences are wholly incompatible. Part II …

Thinking Outside Of The Race Boxes: A Two-Pronged Approach To Further Diversity And Decrease Bias, Samia E. Mccall

Brigham Young University Education and Law Journal

No abstract provided.

Addressing The Bullying And Harassment Of Students With Disabilities Through School Compliance To Avoid Litigation, Bryson King

Brigham Young University Education and Law Journal

No abstract provided.

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole N. Snyder, Christine J. Villani

Education Faculty Publications

Case law is a tangible tool school leaders can consider when designing FBA and BIP policies to address social, emotional and behavioral challenges. In addition, one intangible consideration is nurturing the relationship between school leaders and parents. When school leaders, parents, and attorneys work collaboratively to support students who have behavioral needs in a reasonable and timely fashion, the student’s needs are addressed earlier, parents can become active participants in the child’s program, and school leaders can minimize the risk of using valuable resources in court costs and attorney fees.

The Fortification Of Inequality: Constitutional Doctrine And The Political Economy, Kate Andrias

Articles

As Parts I and II of this Essay elaborate, the examination yields three observations of relevance to constitutional law more generally: First, judge-made constitutional doctrine, though by no means the primary cause of rising inequality, has played an important role in reinforcing and exacerbating it. Judges have acquiesced to legislatively structured economic inequality, while also restricting the ability of legislatures to remedy it. Second, while economic inequality has become a cause célèbre only in the last few years, much of the constitutional doctrine that has contributed to its flourishing is longstanding. Moreover, for several decades, even the Court’s more liberal …