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Academic Freedom And Academic Responsibility, Nancy B. Rapoport 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Academic Freedom And Academic Responsibility, Nancy B. Rapoport

Scholarly Works

In this review of Matthew W. Finkin & Robert C. Post, For the Common Good: Principles of Academic Freedom (Yale University Press 2009), I examine Finkin & Post's study of academic freedom in U.S. higher education institutions and link the issues surrounding academic freedom to the issues surrounding shared governance. I argue that the problems with shared governance can create a race to the bottom in academic units.


Federalizing Public Education, Thomas Kleven 2010 Villanova University Charles Widger School of Law

Federalizing Public Education, Thomas Kleven

Villanova Law Review

No abstract provided.


Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve 2010 Indiana University Maurer School of Law

Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve

Articles by Maurer Faculty

This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.


Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett 2010 Notre Dame Law School

Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett

Journal Articles

More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done ...


Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain 2010 Indiana University Maurer School of Law

Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain

Articles by Maurer Faculty

Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.

On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same ...


Sex Education And Rape, Michelle J. Anderson 2010 CUNY School of Law

Sex Education And Rape, Michelle J. Anderson

Michigan Journal of Gender & Law

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to ...


Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World, Christopher A. Suarez 2010 Yale Law School

Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World, Christopher A. Suarez

Michigan Journal of Race and Law

Sheff v. O'Neill ushered in a new wave of education reform litigation that may challenge the constitutionality of de facto segregation under state education clauses, but its remedy has been inadequate. This Note proposes a new desegregation remedy-the sliding scale remedy-to address socioeconomic isolation in this unique constitutional context. The remedy employs varying degrees of equity power depending on students' academic outcomes. It balances concerns over local control and separation of powers with the court's need to effectuate right, establishes a clear remedial principle, and ensures that states and school districts focus on students as they implement remedies.


"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations, Aaron N. Taylor 2010 Saint Louis University School of Law

"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations, Aaron N. Taylor

All Faculty Scholarship

This article argues for stricter regulation of proprietary (for-profit) school advertising and recruitment practices and proffers specific proposals for effectuating this regulation. Proprietary schools play an important role in broadening access to higher education. They enroll a large number of students who are underserved by traditional, non-profit institutions. These students tend to be poorer, less educated, and older than students at traditional schools, and they tend to undertake higher education for very practical reasons. These characteristics make them particularly susceptible to deceptive marketing and unfounded promises of higher education providers. Unfortunately, some proprietary schools exploit the susceptibilities of their target ...


College Bullies - Precursors To Campus Violence: What Should Universities And College Administrators Know About The Law, Susan H. Duncan 2010 Villanova University Charles Widger School of Law

College Bullies - Precursors To Campus Violence: What Should Universities And College Administrators Know About The Law, Susan H. Duncan

Villanova Law Review

No abstract provided.


Education Law Association, Zorka Karanxha 2010 University of South Florida

Education Law Association, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Hunt V. Mcnair, Zorka Karanxha 2010 University of South Florida

Hunt V. Mcnair, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo 2010 Georgetown University Law Center

How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to ...


Using Law And Education To Make Human Rights Real In Women’S Real Lives, Nancy Chi Cantalupo 2010 Georgetown University Law Center

Using Law And Education To Make Human Rights Real In Women’S Real Lives, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Three courses involving gender, human rights and global laws that the author teaches to two different groups (women’s/gender studies and international affairs undergraduates; and law students) demonstrate methods of making international human rights law and principles real to women’s real lives, as both an educational and activist project. By focusing on the linkages between “thinking globally” and “acting locally” in the area of gender and human rights, these courses suggest some ways of to educate and encourage students to actualize human rights laws and principles in their own communities and lives. The topics, methods and materials used ...


Governing Board Accountability: Competition, Regulation And Accreditation, Judith C. Areen 2010 Georgetown University Law Center

Governing Board Accountability: Competition, Regulation And Accreditation, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

This article examines the three primary ways in which the governing boards of American colleges and universities are held to account: (1) competition; (2) regulation, including state nonprofit corporation laws, tax laws, and licensing laws; and (3) accreditation. It begins by tracing how lay (meaning nonfaculty) governing boards became the dominant form of governance in American higher education. It argues that governing boards provide American institutions of higher education with an exceptional degree of autonomy from state control and that, together with the shared governance approach that gives faculties primary responsibility for academic matters, they have been a vital factor ...


Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel 2010 Georgia State University College of Law

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Faculty Publications By Year

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve.

Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school ...


Autism In The Us: Social Movement And Legal Change, Daniela Caruso 2010 Boston Univeristy School of Law

Autism In The Us: Social Movement And Legal Change, Daniela Caruso

Faculty Scholarship

The social movement surrounding autism in the US has been rightly defined a ray of light in the history of social progress. The movement is inspired by a true understanding of neuro-diversity and is capable of bringing about desirable change in political discourse. At several points along the way, however, the legal reforms prompted by the autism movement have been grafted onto preexisting patterns of inequality in the allocation of welfare, education, and medical services. In a context most recently complicated by economic recession, autism-driven change bears the mark of political contingency and legal fragmentation. Distributively, it yields ambivalent results ...


Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas 2010 John Marshall Law School

Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas

The John Marshall Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury 2010 West Virginia University College of Law

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab 2010 Cornell Law School

Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab

Cornell Law Faculty Publications

No abstract provided.


Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh 2010 Cornell Law School

Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh

Cornell Law Faculty Publications

Nearly fifteen years ago, Audrey Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the ...


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