Journal of Law and Education

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

Articles from Vol. 42, No. 2, Spring

Brazil and the Law of Social Quotas: An Analysis of Whether Brazil's Recent Affirmative Action Law Would Survive Review under U.S. Constitutional Standards
I. INTRODUCTIONOn August 29, 2012, Brazil President, Dilma Rousseff, signed a new law that most Americans would consider unconstitutional and antiquated. This new law is called the Law of Social Quotas, and it requires public universities in Brazil to...
Chalk Talks- Bold Reform or a Flash in the Pan: Parent Empowerment and the Parent Trigger
I. INTRODUCTIONSince No Child Left Behind ("NCLB") was enacted, the hope for a better public education system has diminished as many students continue to fall below literacy and math proficiency each year. In this era of school reform, education leaders...
Commentary-PRIMARY AND SECONDARY EDUCATION
ArticlesTara A. Waterlander, Canines in the Classroom: When Schools Must Allow a Service Dog to Accompany a Child With Autism into the Classroom Under Federal and State Laws, 22 Geo. Mason U. Civ. Rights L.J. 337 (2012). This article argues that civil...
Conditional Welfare Grants to Address Truancy and Child Educational Neglect: United States' Experiments and Ecuador's Mandates
"If our American way of life fails the child, it fails us all."1I. INTRODUCTIONAlthough greatly underreported,2 "neglect is the most common type of child maltreatment,"3 and occurs more frequently in poor families than in those of better means.4 Child...
Educator Ethics: A Comparison of Teacher Professional Responsibility Laws in Four States
I. INTRODUCTIONToday's teachers are not only responsible for educating students but are increasingly expected to serve as role models for their students. Unfortunately, ethics and professional responsibility for educators is a topic that is often given...
Myriad Choices: University Patents under the Sun
How universities handle potentially patentable discoveries made by their faculty reflects important policy decisions that affect the greater public. While few research administrators in higher education would dispute that any university-owned patent...
Recent Decisions - PRIMARY AND SECONDARY EDUCATON
Constitutional Claims and Civil RightsTeacher appealed grant of qualified immunity to principal after alleging violation of First Amendment right. As part of a teacher's punishment for inappropriate communication with a colleague, the teacher was prohibited...
Recent Decisions - SUPREME COURT DECISIONS
Review DeniedDecisions without published opinion in lower courtDOCKET NO: 12-500NAME: Doe v. Willits Charter Sch.DATE CERT. DENIED: 1/7/2013CITATION: - S. Ct. -, 81 U.S.L.W. 3365DOCKET NO: 12-513NAME: Jallali v. U.S.DATE CERT. DENIED: 1/7/2013CITATION:...
Recent Decision - UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
Constitutional Claims and Civil RightsStudent appealed summary judgment for college and city officials where student claimed Fourth Amendment violation for injuries sustained during raid. Police shot pepper balls into a crowded stairwell to disperse...
The IDEA of an Adequate Education for All: Ensuring Success for Incarcerated Youth with Disabilities
I. INTRODUCTIONJuvenile crime is a significant problem in the United States. In 2009, U.S. courts handled over 1.5 million delinquency cases, resulting in the disposition of approximately 5,000 delinquency cases per day.1 That same year, juvenile correctional...
Universities and Other Institutions of Higher Education
ArticlesRebecca J. Huss, Canines on Campus: Companion Animals at Postsecondary Educational Institutions, 77 Mo. L. Rev. 417 (2012). This article focuses on laws allowing pets and service animals on college campuses. The issue of allowing service animals...
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