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The Privacy Of The Public Schools, Emily Suski 2018 University of Maryland Francis King Carey School of Law

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making ...


Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd 2018 Liberty University

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article ...


A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton

UNLV Gaming Law Journal

No abstract provided.


Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron

Nevada Law Journal

No abstract provided.


Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant 2018 University of Michigan Law School

Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant

Michigan Journal of Gender & Law

The Education Amendments of 1972 introduced requirements to protect female students from discriminatory policies at post-secondary institutions. A portion of those amendments, commonly known as Title IX, require that no students be subjected to discrimination based on their sex by any educational institution or activity receiving federal financial assistance. An exemption under § 1681(a)(4), however, explicitly prohibits application of Title IX to any educational institution whose primary purpose is to train individuals for military service or the merchant marine. Although those students are still subject to stringent conduct standards, the service academies themselves are tethered to sex discrimination policies ...


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro 2018 Florida International University

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner 2018 Loyola Marymount University and Loyola Law School

No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner

Loyola of Los Angeles Law Review

With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the ...


University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller 2018 University of Michigan Law School

University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller

Michigan Law Review

Universities are meant to be open marketplaces of ideas. This requires a commitment to both freedom of expression and inclusivity, two values that may conflict. When public universities seek to promote inclusivity by prohibiting or punishing speech that is protected by the First Amendment, courts must intervene to vindicate students’ rights. Currently, courts are split over the appropriate mode of analysis for reviewing public university regulation of student speech. This Note seeks to aid judicial review by clarifying the three existing approaches—public forum analysis, traditional categorical analysis, and a modified version of the Supreme Court’s education-specific speech doctrine ...


Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface 2018 UIdaho Law

Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface

Idaho Law Review

In 2011, the Department of Education Office of Civil Rights published a Dear Colleague Letter (DCL) detailing the department’s views on the roles and responsibilities of colleges and universities under Title IX specifically as they relate to allegations of sexual assault. Numerous studies conclude that close to 1 in 5 college women are sexually assaulted while enrolled in institutions of higher education. Many of these studies are flawed yet they are being used as the justification for administrative overreach. Despite not having the legal authority, the DCL changed the legal standard to be applied when conducting sexual assault investigations ...


Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Concerning The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel 2018 UIdaho Law

Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Concerning The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel

Idaho Law Review

No abstract provided.


The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris 2018 Notre Dame Law School

The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris

Journal of Legislation

No abstract provided.


The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor 2018 University of Texas, Rio Grande Valley

The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor

Faculty Publications

We explore the uses and functions of ‘validity’ as a boundary marker between legal theory and psychometrics. Standardized testing regimes rely on experts to articulate the limits of validity. When challenged in courts, these limits become the subject of contestation, requiring practitioners to litigate the validity of validity. This process generates significant discontinuities, resulting from different conceptual relationships to the idea of validity. Through a qualitative textual analysis of specific case law and a quantitative examination of Lexis-Nexis database archives, we trace how legal reasoning elides new developments in psychometric research that would broaden and enrich judicial treatments while showing ...


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer 2018 Brandman University

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Ri Tenant Stabilization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants, Michael M. Bowden 2018 Roger Williams University

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.


How Higher Education Ombudsman Systems Can Benefit By Implementing Modified Restorative Justice Practices, Kyle Shiroma 2018 Pepperdine University

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.


Developing The State Interagency Coordinating Council For Maine Child Developmental Services, Olivia Shaw 2018 University of Maine

Developing The State Interagency Coordinating Council For Maine Child Developmental Services, Olivia Shaw

Poster Presentations

Each state is required by the federal Individuals with Disabilities Act (IDEA), 20 U.S.C. 1441 to have a State Interagency Coordination Council to act as an advising council for their state Early Intervention Program. My leadership project mentor, Roy Fowler, the state director for Maine’s Early Intervention Program, Child Developmental Services (CDS), tasked me with helping him to develop a new and effective SICC for CDS. Doing this required extensive research into the federal requirements for an SICC including, participant requirements, responsibilities of the SICC, and the overall process for applying to be a member. Once the ...


Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn 2018 West Virginia University

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

West Virginia Law Review

No abstract provided.


Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees Of Educational Institutions To Bypass Title Vii And Bring Claims Under Title Ix In Doe V. Mercy Catholic Medical Center, Lauren Stewart 2018 Boston College Law School

Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees Of Educational Institutions To Bypass Title Vii And Bring Claims Under Title Ix In Doe V. Mercy Catholic Medical Center, Lauren Stewart

Boston College Law Review

Five of the U.S. Courts of Appeals are currently split as to whether employees bringing claims of sex-based employment discrimination are able to use either Title VII or Title IX of the Civil Rights Act as avenues of relief where both statutes are concurrently applicable. On March 3, 2017, the U.S. Court of Appeals for the Third Circuit, in Doe v. Mercy Catholic Medical Center, became the most recent circuit to address this issue. Joining the First and Fourth Circuits, the Third Circuit held that the concurrent applicability of Title VII and Title IX did not preclude the ...


Title Vii Is Not The Only Cure For Employment Discrimination: The Implications Of Doe V. Mercy Catholic Medical Center In Expanding Claims For Medical Residents Under Title Ix, Amy-Lee Goodman 2018 Boston College Law School

Title Vii Is Not The Only Cure For Employment Discrimination: The Implications Of Doe V. Mercy Catholic Medical Center In Expanding Claims For Medical Residents Under Title Ix, Amy-Lee Goodman

Boston College Law Review

In March 2017, in Doe v. Mercy Catholic Medical Center, the United States Court of Appeals for the Third Circuit established that medical residents, who function as both students and as employees of a hospital, could bring private causes of action for sex discrimination under Title IX of the Education Amendments of 1972. This ruling revived a long-standing split amongst the Circuits, with the Third Circuit parting company from the Fifth and Seventh Circuits and aligning with the First and Fourth Circuits, which hold Title VII’s carefully crafted administrative remedial procedure does not pre-empt claims under Title IX. This ...


Sick And Tired Of Hearing About The Damn Bathrooms, Colin Pochie 2018 IIT Chicago-Kent College of Law

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 ...


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