Journal of Law and Education

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

Articles from Vol. 42, No. 3, Summer

Bidding (Fair)well to Due Process: The Need for a Fairer Final Stage in Special Education Dispute Resolution
I. INTRODUCTION"What we have here is a failure to communicate."1 With these words, Administrative Law Judge Brian K. Hayes summed up the relationship between a mother and school district after the mother sued the district when a teacher broke her son's...
Chalk Talks - Rethinking Lawsuits against Law Schools: Graduates Must Overcome Significant Hurdles to Prevail against Alma Maters
I. INTRODUCTIONRecent law school graduates currently face what could be described as "the worst entry-level legal employment market in more than 30 years."1 According to analysis from the Wall Street Journal-based on figures from the American Bar Association...
Chalk Talks - Two Steps Forward, One Step Back: The Kentucky Education Reform Act A Generation Later
I. INTRODUCTIONIn 1990, shortly after the Kentucky Supreme Court declared the state's educational system profoundly flawed in virtually every respect,' legislators approved sweeping reforms aimed at reducing the funding disparity between the state's...
Commentary - ELEMENTARY AND SECONDARY EDUCATION
ArticlesSteven J. Macias, Adolescent Identity Versus the First Amendment: Sexuality and Speech Rights in the Public Schools, 49 San Diego L. Rev. 791 (2012). This article discusses the difficulties of curbing the bullying of gay students because schools...
Penalizing Diversity: How School Rankings Mislead the Market
I. INTRODUCTIONMany parents believe that enrolling their children in the "right" school is tantamount to launching them on a trajectory towards future success and happiness. In urban centers, parents often pursue well-regarded magnet, charter, or private...
Recent Decisions - ELEMENTARY & SECONDARY EDUCATION
NAME: R.E. v. N.Y.C. Dept. ofEduc.DATE FILED: 4/4/2013CITATION: 81 U.S.L.W. 3584DECISION BELOW: 694 F.3d 167 (2d Cir. 2012)DOCKETNO: 12-1175NAME: Jefferson Co. Sch. Dist. R-I v. Elizabeth E.DATE FILED: 3/26/2013CITATION: 81 U.S.L.W. 3566DECISION BELOW:...
Recent Decisions - SUPREME COURT DECISIONS
Review DeniedDecisions without published opinion in lower courtDOCKET NO: 12-869NAME: Caviezel v. Great Neck Pub. Sch.DATE CERT. DENIED: 4/22/2013CITATION: - S. Ct. -, 81 U.S.L.W. 3598DOCKET NO: 12-934NAME: Angelloz v. Iberville Parish Sch. Bd.DATE CERT....
Recent Decisions - UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
Constitutional Claims and Civil RightsFormer West Point cadet sued Army Secretary alleging disenrollment and order to enlist violated Administrative Procedure Act (APA), Due Process and Establishment Clauses, and unjustly enriched Army. After a cadet...
The Right to Sexual Orientation Privacy: Strengthening Protections for Minors Who Are "Outed" in Schools
I. INTRODUCTIONIn December 201 1 , a fourteen-year-old student at Willowcreek Middle School in Lehi, Utah, was assigned a school project in which he had to advertise something about himself. Several days later, he came to school with a poster advertisement...
Universities and Other Institutions of Higher Learning
ArticlesJeremy L. Kahn, Shedding Rights at the College Gate: How Suspicionless Mandatory Drug Testing of College Students Violates the Fourth Amendment, 67 U. Miami L. Rev. 217 (2012). This article explores Linn State Technical College's mandatory drug...