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

Education Law Commons

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

3,952 Full-Text Articles 2,963 Authors 1,738,078 Downloads 181 Institutions

All Articles in Education Law

Faceted Search

3,952 full-text articles. Page 5 of 98.

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin 2018 Northwestern Pritzker School of Law

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew ...


Keeping The "I" In The Idea: A Response To A Proposal To Abandon Individualization In Special Education In Favor Of Rule-Based Delivery Models, Thomas A. Mayes 2018 Brigham Young University Law School

Keeping The "I" In The Idea: A Response To A Proposal To Abandon Individualization In Special Education In Favor Of Rule-Based Delivery Models, Thomas A. Mayes

Brigham Young University Education and Law Journal

No abstract provided.


Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen 2018 Brigham Young University Law School

Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen

Brigham Young University Education and Law Journal

No abstract provided.


Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor 2018 australian catholic university

Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor

Faculty of Education and Arts Publications

No abstract provided.


You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby 2018 Cornell Law School, 2019

You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby

Cornell Law Review

Against a backdrop of national political turmoil, universities have experienced volatile reactions from their student bodies and outsiders in protest of the inflammatory speakers that schools host on their campuses. This Note discusses the tension between First Amendment protections and tort liability in the context of higher education. Specifically, it focuses on the interplay between controversial, on-campus speakers and the violent protests that arise in reaction to them. While examining this interaction, this Note emphasizes the legal duties of academic institutions in facilitating these on-campus speakers while also protecting their students’ constitutional rights and safety. In examining these conflicts, the ...


Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin 2018 Fordham University School of Law

Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin

Fordham Law Review

Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit ...


Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac 2018 University of Maine School of Law

Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac

Faculty Publications

The Legal Research Survival Manual with Video Modules, by Robert Berring and Michael Levy, is an eighty-seven-page book written in a conversational, informal tone, packed with all the information new legal researchers need to survive their early days in the law library. The book's intended audience are novice legal researchers, in particular first-year law students. The authors have filled the pages with sage advice but left out material novices are not likely to encounter during the first year of law school. The authors, with the help of two additional experts, have added twelve online videos readers can access for ...


I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore 2018 Selected Works

I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore

Sean Seymore

No abstract provided.


Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk 2018 Selected Works

Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk

Herwig Schlunk

No abstract provided.


Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton 2018 College of William & Mary Law School

Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton

William & Mary Bill of Rights Journal

No abstract provided.


Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski 2018 SIT Study Abroad

Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski

Independent Study Project (ISP) Collection

Although reports indicate that a majority of students in Uganda are sexually abused while in school, sexual harassment and its impact on educational attainment is a rampant yet understudied problem (The Uganda National Strategic Plan on Violence Against Children in Schools, 2015). While harassment in schools by teachers and students is not the only factor leading to high dropout rates among students, the behavior of teachers and students in school, and the lack of discipline towards their actions is an internal contribution to this effect. This study aims to better understand the perceptions on what constitutes “sexual harassment” in Uganda ...


Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton 2018 University of San Diego

Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton

San Diego Law Review

High in the towers of academia, the lofty ideals of free speech are tossed around with a deceptive ease. However, as legal minds grapple with heady legal doctrines, free speech has concrete consequences down at the foot of those towers. At this ivory base, the property line between the university and the community blur. Students and nonstudents assemble and deliver conflicting speech that, at times, foments violence. Molotov cocktails, gun shots, broken windows, disgruntled students. All attempts to trigger the dreaded heckler’s veto—an attempt the government has an obligation to prevent. In addition to the public relations disasters ...


Post-Accountability Accountability, Nicole Stelle Garnett 2018 Notre Dame Law School

Post-Accountability Accountability, Nicole Stelle Garnett

University of Michigan Journal of Law Reform

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The ...


The 2017/18 International Moots Season In Review, Siyuan CHEN, Eunice CHUA 2018 Singapore Management University

The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua

Research Collection School Of Law

Overviewof the SeasonThis is the fourth annualreview of Singapore’s performance in international moot competitions.1 As the latest mootseason3 draws to a close, weare happy to report that the 2017/18 season has been another fairly decent onefor Singapore mooters.


Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown 2018 Liberty University

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Liberty University Journal of Undergraduate Research

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative ...


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel 2018 Pepperdine University

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School of Law 2018 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, 2018 Marquette University Law School

Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study

Marquette Law Review

A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing ...


The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All, 2018 Marquette University Law School

The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All

Marquette Law Review

This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.

The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to ...


Preferencing Educational Choice: The Constitutional Limits, Derek W. Black 2018 South Carolina School of Law

Preferencing Educational Choice: The Constitutional Limits, Derek W. Black

Cornell Law Review

Rapidly expanding charter and voucher programs are establishing a new education paradigm in which access to traditional public schools is no longer guaranteed. In some areas, charter and voucher programs are on a trajectory to phase out traditional public schools altogether. This Article argues that this trend and its effects violate the constitutional right to public education embedded in all fifty state constitutions.

Importantly, this Article departs from past constitutional arguments against charter and voucher programs. Past arguments have attempted to prohibit such programs entirely and have assumed, with little evidentiary support, that they endanger statewide education systems. Unsurprisingly, litigation ...


Digital Commons powered by bepress