Journal of Law and Education

Journal providing news and research regarding education administration and legal issues.

Articles from Vol. 40, No. 1, January

Chalk Talk-Addressing the Doctoral Dilemma: How State Legislatures Can Help Solve the Ph.D. Shortage
I. INTRODUCTIONEducation made America great; neglect of education can reverse the process}~ Paul Krugman, economist and winner of the Nobel Prize in EconomicsThe recent economic crisis coupled with rising unemployment rates has led many to reassess the...
Coaches Corner* - LOWER FEDERAL COURTS AND STATE COURTS: PRIMARY & SECONDARY EDUCATION
Faculty and AdministrationTeacher appealed board of education's decision to terminate her employment for insubordination and willful neglect of duties. A special education teacher violated the dress code, talked about students in front of parents and...
Coaches' Corner*: LOWER FEDERAL COURTS AND STATE COURTS PRIMARY & SECONDARY EDUCATION
TortsAthlete sued trainers and coaches alleging negligence caused personal injuries. An athlete sustained head injuries during a football game after previously experiencing trauma during practices. The athlete claimed the trainers and coaches were negligent...
Coaches' Corner: UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
ArticlesKris Bryant, Take a Knee: Applying the First Amendment to Locker Room Prayers and Religion in College Sports, 36 JC. & U. L. 329 (2009). This article examines how the courts should interpret the First Amendment's Establishment Clause and...
Coaches' Corner: UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING
TortsStudent soccer athlete sued opposing team 's college, coach, and player alleging negligence. During a soccer match, the student was struck in the head by an opponent, causing serious injuries. The student allegedly sustained his injuries as a direct...
CommentaryPRIMARY & SECONDARY EDUCATION
ArticlesLaura McNeal, Access Granted: The Winkelman Case Ushers in a New Era in Parental Advocacy, 10 BYU Educ. & LJ. 129 (2010). This article explores the landscape of parental rights in special education law and the differences between substantive...
Commentary: UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
ArticlesSonia Goltz, Roger Reinsch, & Joel Tuoriniemi, University Women's Experiences in Bringing Second Generation Sex Discrimination Claims: Further Support for Adoption of a Structural Approach, 18 Tex. J. Women & L. 145 (2009). Through an...
Empirical Trends in Teacher Tort Liability for Student Fights
For the past thirty years, student discipline cases periodically have drawn national attention at the pretrial stage.1 The prevailing concern is student safety.2 This national attention frequently culminates in calls for tort reform by both politicians3...
It Takes a Hurricane: Might Katrina Deliver for New Orleans Students What Brown Once Promised?
I. INTRODUCTIONIn a drawing entitled "The Problem We All Live With," Norman Rockwell depicted the lonely walk of Ruby Bridges, an African American first grader, on her way to the otherwise entirely white Frantz Elementary School in New Orleans in I960.1...
Recent Decisions - SUPREME COURT REVIEW
Review DeniedDecisions without published opinions in lower courtDOCKETNO: 09-1461NAME: Ass' ? of Christian Schs. Inf I v. StearnsDATE: Oct. 12, 2010CITATION: 79 U. S .L. W. 3227DOCKETNO: 09-1358NAME: Mason v. Columbia Basin CollegeDATE: Oct. 4, 2010CITATION:...
Recent Decisions - UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING
Faculty and AdministrationProfessor sued university alleging discrimination and unlawful retaliation. The professor continually received poor reviews and was required to submit a plan for improvement. After failing to provide updated plans, he was then...
State Constitutional Design and Education Reform: Process Specification in Louisiana
"Constitutions tempt those who are much too sure they are right."-Hon. J. Harvie Wilkinson III1I. INTRODUCTIONAmong the fifty United States, Louisiana is unique in many ways. The state maintains a hybrid civil-law system, closer in many ways to the Continental...
The Politics of Education Reform: Lessons from New Orleans
I. INTRODUCTIONThe education system in New Orleans was in need of dramatic reform long before Hurricane Katrina. The storm razed the educational facilities and state leaders took the opportunity to raze the broken educational governance structures in...