Update On School Searches,
2016
University of Dayton
Update On School Searches, Charles J. Russo
Educational Leadership Faculty Publications
School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.
Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.
Consent Confusion,
2016
University of Colorado Law School
Consent Confusion, Aya Gruber
Cardozo Law Review
The slogans are ubiquitous: "Only 'Yes' Means 'Yes"'" "Got Consent?", "Consent is Hot, Assault is Not!" Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic "yes"?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today's widespread uncertainty …
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar,
2016
Troutman Sanders LLP, Richmond, Virginia
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii
University of Richmond Law Review
Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.
In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …
Tenure Wars: The Litigation Continues,
2016
University of Dayton
Tenure Wars: The Litigation Continues, Charles J. Russo
Educational Leadership Faculty Publications
Teacher tenure is a controversial topic that continues to generate litigation. Parents and advocates of educational reform have filed claims alleging, in part, that school officials violate the rights of students who are not achieving academically largely because of the ineffective instruction the students receive from teachers.
Typically, these suits also claim that conditions in districts where students perform poorly on academic measures are exacerbated by the protection that state tenure laws—in conjunction with union efforts—afford ineffective teachers, thereby making it difficult to dismiss the teachers for incompetence.
In North Carolina Association of Educators v. State (2016), a North Carolina …
The Accreditation Of Religious Law Schools In Canada And The United States,
2016
Brigham Young University Law School
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
BYU Law Review
Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …
A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools,
2016
United States Court of Appeals for the Eleventh Circuit
A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski
Washington and Lee Law Review Online
This term, the Supreme Court will consider Fry v. Napoleon Community Schools. Fry implicates a circuit split on the proper scope of the exhaustion requirement in 20 U.S.C. § 1415(l) of the Individuals with Disabilities Education Act (IDEA). That section requires parents of students with disabilities to exhaust state administrative remedies “before the filing of a civil action . . . seeking relief that is also available under” the IDEA. Two different approaches to this requirement have emerged among the courts of appeals: an “injury-centered” approach and a “relief-centered” approach. Under the injury-centered approach, exhaustion is required when a …
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes,
2016
University of Georgia School of Law
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
Journal of Intellectual Property Law
No abstract provided.
The Middle Class, Urban Schools And Choice,
2016
Touro Law Center
The Middle Class, Urban Schools And Choice, Michael Lewyn
Scholarly Works
Urban schools tend to be less attractive to middle-class parents than suburban schools; as a result, the public school system generates suburban sprawl. This talk discusses both egalitarian and market-oriented means of making cities more attractive to parents.
Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies,
2016
North Carolina Central University School of Law
Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright
North Carolina Central Law Review
No abstract provided.
Table Of Contents,
2016
University of South Carolina
Professional Editorial Board,
2016
University of South Carolina
Keeping Legal Education Not Only Legal But Also Educational,
2016
University of South Carolina
Keeping Legal Education Not Only Legal But Also Educational, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Effective Litigation Strategies To Improve State Education And Social Service Systems,
2016
University of South Carolina
Effective Litigation Strategies To Improve State Education And Social Service Systems, Albert Kauffman
The Journal of Law and Education
No abstract provided.
Anti-Law School Narratives And Impediments To Reform Of Legal Education: The Nfl And Other Things,
2016
University of South Carolina
Anti-Law School Narratives And Impediments To Reform Of Legal Education: The Nfl And Other Things, Thomas E. Guernsey
The Journal of Law and Education
No abstract provided.
Supreme Court Recent Cases And Commentary,
2016
University of South Carolina
Supreme Court Recent Cases And Commentary
The Journal of Law and Education
No abstract provided.
Lower Federal Courts And State Courts: Elementary And Secondary Education, Universities And Other Institutions Recent Cases And Commentary,
2016
University of South Carolina
Lower Federal Courts And State Courts: Elementary And Secondary Education, Universities And Other Institutions Recent Cases And Commentary
The Journal of Law and Education
No abstract provided.
Kentucky's New Law Forces Students To Re-Enroll In High School,
2016
University of South Carolina
Kentucky's New Law Forces Students To Re-Enroll In High School, Alyssa Hare
The Journal of Law and Education
No abstract provided.
The Sexting Epidemic: What Can Teachers Do To Prevent Disruptions In School Caused By Sexting,
2016
University of South Carolina
The Sexting Epidemic: What Can Teachers Do To Prevent Disruptions In School Caused By Sexting, Ashley Powell
The Journal of Law and Education
No abstract provided.
Affirmative Action Returns To The Supreme Court,
2016
University of Dayton
Affirmative Action Returns To The Supreme Court, Charles J. Russo
Educational Leadership Faculty Publications
One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.
Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016) …
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities,
2016
Benjamin N. Cardozo School of Law
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Cardozo Law Review
No abstract provided.
