Journal of Law and Education

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

Articles from Vol. 34, No. 3, July

A Real Home Field Advantage: Access to Public University Foundation Records
ABSTRACTPrivate, non-profit university foundations have grown into multi-million-dollar entities with very little public scrutiny. The foundations' private status in many states allows them to conduct university business without accountability to the...
Charter Schools and Gifted Education: Legal Obligations
ABSTRACTOver the past 12 years, charter schools have grown from a few schools in one state to roughly 3,000 schools in over 40 states and territories. This explosive growth has outpaced both legislation and research on charter schools, with very little...
Law Review Digests-PRIMARY AND SECONDARY EDUCATION
ArticlesLinda S. Beres, Gangs, Schools and Stereotypes, 37 Loy. L.A. L. Rev. 935 (2004). This article discusses the perception of gangs in schools. The author argues that the growing problem of youth gangs in schools has been exaggerated. The author...
Law Review Digests-UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
ArticlesJ. Peter Byrne, The Threat to Constitutional Academic Freedom, 31 J.C. & U.L. 79 (2004). This article examines the effect of judicial decisions on First Amendment rights at colleges and universities. The author calls into question the courts'...
Literacy and Racial Justice: The Politics of Learning after Brown V. Board of Education
LITERACY AND RACIAL JUSTICE: THE POLITICS OF LEARNING AFTER BROWN V. BOARD OF EDUCATION BY CATHERINE PRENDERGAST. 2003. CARBONDALE: SOUTHERN ILLINOIS UNIVERSITY PRESS. 205 PAGES. 0-8093-2525-X (PAPERBACK).Last year marked the 50th Anniversary of Brown...
Recent Developments in the Law-Primary and Secondary Education
Constitutional Claims and Civil RightsParaprofessional sued principal, alleging discrimination and wrongful termination based upon his religion. A paraprofessional was docked one hour of pay to practice his religion, after coming to an agreement on it...
Recent Developments in the Law-Supreme Court
Final DecisionDOCKET NO.: 02-1672NAME: Jackson v. Birmingham Board of EducationDATE: Mar. 29, 2005Girl's basketball coach at a public high school brought suit against the school board under Title IX of the Education Amendments of 1972 after he was removed...
Recent Developments in the Law-Universities and Other Institutions of Higher Learning
Constitutional Claims and Civil RightsResearch associate sued university, alleging the university discriminated in its compensation and promotion practices. An Asian-American scientist, in a temporary research associate position, was not paid the same...
School Supervision of Children outside School Hours in Australia: Who's Responsible?
The past decade has seen a quiet revolution in primary schools across Australia. This revolution has greatly affected both the administration and direction of schools themselves and the routines of the families of pupils attending them. The revolution...
Staring Down the Elephant: College Football and Title IX Compliance
I. INTRODUCTIONImagine a group of football players kneeling around the head coach after a pre-season practice. The coach waits for silence and then asks, quietly, "How many of you seniors wanna play on Sunday next year?" A dozen young men raise their...
The Equal Educational Opportunity Act 30 Years Later: Time to Revisit "Appropriate Action" for Assisting English Language Learners
I. INTRODUCTIONWhen Congress passed the Equal Educational Opportunity Act of 1974 (EEOA), §1703(f) required that states take "appropriate action to overcome language barriers that impede equal participation by its students." Testimony in the legislative...
The Necessity of School Impact Fees to Create a Better Community for All Sectors of Society
TAXES AND WHY EVERYONE PAYS: AN INTRODUCTION TO SCHOOL IMPACT FEESFor as long as there has been a government that has taxed the public, there have been segments of society that look for ways to avoid paying the taxes required to be a citizen resident...
Title IX and Intercollegiate Athletics: Wrestling with Elephants?
In the April 2004 issue of the Journal, Eric Bentley, a then third-year law student with a Master's degree in sports management, argued that elimination of men's non-revenue sports is a "counterintuitive remedy that is contrary to ... Title IX," proposing...

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