Consent To Student Loan Bankruptcy Discharge, 2020 University of California - Davis
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Indiana Law Journal
81818app手机版下载As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to ...
The Eleventh Circuit Permits Schools To Submit Unfinished Homework In L.J. Ex Rel. N.N.J. V. School Board Of Broward County By Requiring Only "Material" Implementation Of Ieps For Students With Disabilities, 2020 Villanova University Charles Widger School of Law
The Eleventh Circuit Permits Schools To Submit Unfinished Homework In L.J. Ex Rel. N.N.J. V. School Board Of Broward County By Requiring Only "Material" Implementation Of Ieps For Students With Disabilities, Madeline E. Smith
Villanova Law Review
No abstract provided.
Table Of Contents, 2020 Seattle University School of Law
Statutory Immunity For Educators: An Analysis Of Decisions By The Texas Commissioner Of Education And Texas Appellate Courts After House Bill 4, Melissa Ballou Kates
Electronic Theses and Dissertations
This qualitative legal study explored statutory immunity protection provided to Texas educators under the Texas Education Code §22.0511 and §22.0512. The Texas legislature enacted the statutory immunity provisions as part of House Bill 4 and tort reform in 2003. Researchers have called for more balance when providing immunity protections for educators. The researcher limited the study to Texas Commissioner of Education decisions and Texas appellate court cases. The study utilized a legal framework to determine under what circumstances the rulings of statutory immunity shields educators from liability. The findings in this study provide evidence that Texas educators have ...
Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, 2020 Fordham University School of Law
Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger
Fordham Law Review Online
Based on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments.
No Safe Spaces: A Distorted Image Of A Clear Problem, 2020 Pepperdine University 81818app手机版下载
No Safe Spaces: A Distorted Image Of A Clear Problem, Michael Conklin
Pepperdine Law Review
This is a critical analysis of the documentary No Safe Spaces. The movie features comedian Adam Carolla and conservative talk show host Dennis Prager. Depending on the source, the movie is either the most necessary and prescient documentary ever or the most harmful. Unfortunately, the polarizing nature of the reviews largely fall along partisan political lines, with conservatives praising the movie and liberals criticizing it. This partisan result could have likely been minimized if the movie communicated a more bipartisan tone. To further complicate things, the movie does not provide a clear thesis of what it is trying to promote ...
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, 2020 Seattle University School of Law
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Seattle University Law Review SUpra
No abstract provided.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Pace Intellectual Property, Sports & Entertainment Law Forum
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization ...
Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, 2020 Loyola University Chicago School of Law
Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet
Michigan Journal of Gender & Law
Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance—for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school—an institution conceived primarily ...
Symbolism Over Substance: The Role Of Adversarial Cross-Examination In Campus Sexual Assault Adjudications And The Legality Of The Proposed Rulemaking On Title Ix, Hunter Davis
Michigan Journal of Gender & Law
Traditionally, it has been understood that campus sexual assault adjudications need not take on the formalities of the justice system. Since the consequences faced in campus adjudications are considerably less than punishments faced in the justice system, less process is owed under the Due Process Clause. However, in September 2018, the Sixth Circuit reconceived what constitutes due process in campus sexual assault adjudications in the case of Doe v. Baum. The court found that in cases involving conflicting narratives at public universities, the accused or his agent must have the ability to cross-examine his accuser in the presence of a ...
Perfect Adherence Or Material Deviation?: The Eleventh Circuit's Bright Idea In Resolving Individualized Education Plan Implementation Cases, 2020 Mercer University School of Law
Perfect Adherence Or Material Deviation?: The Eleventh Circuit's Bright Idea In Resolving Individualized Education Plan Implementation Cases, Chelsea Henderson
Mercer Law Review
In 2002, L.J., a child with intellectual disabilities and autism, began using an individualized education plan (IEP). This IEP was meant to provide L.J. with the free appropriate public education (FAPE) that is guaranteed to all children across the United States. However, L.J.'s mother did not believe the School Board of Broward County adequately implemented L.J.'s IEP. L.J.'s mother's concern resulted in an almost twenty-year legal battle between L.J. and the Broward County School Board. This battle finally ended in June 2019, when the United States Court of Appeals for ...
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with ...
Supporting Our Troops In Higher Education: Veteran Admissions Training Program, 2020 The University of San Francisco
Supporting Our Troops In Higher Education: Veteran Admissions Training Program, Steven Delgado
81818app手机版下载An overview of a Veteran Admissions Training Manual for a California State University campus.
School To Students: Post That, And You Won't Play, 2020 Brigham Young University Law School
School To Students: Post That, And You Won't Play, Ashley Waddoups
BYU Law Review
No abstract provided.
Restoring The Rights Multiplier: The Right To An Education In The United States, 2020 Brooklyn Law School 81818app手机版下载
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy
81818app手机版下载In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of ...
Anti-Immigration Laws Obstruct The Education Of Undocumented Students, 2020 Golden Gate University School of Law 81818app手机版下载
Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen
Poverty Law Conference & Symposium
Anti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”
Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws ...
Further Harm And Harassment: The Cost Of Excess Process To Victims Of Sexual Violence On College Campuses, 2020 Notre Dame Law School 81818app手机版下载
Further Harm And Harassment: The Cost Of Excess Process To Victims Of Sexual Violence On College Campuses, Hannah Walsh
Notre Dame Law Review
This Note argues that in employing the Mathews v. Eldridge test to formulate the constitutional minimum process necessary to satisfy the Fourteenth Amendment in a Title IX university disciplinary hearing, federal courts have failed to adequately weigh the inevitable harm to survivors that will result from allowing one accused of sexual assault to personally cross-examine their accuser as part of the government interest at stake. Furthermore, this Note contends that any institution permitting the practice of respondents cross-examining their complainants commits sex discrimination in violation of Title IX by directly inflicting harm on its female students. Part I will provide ...
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, 2020 William & Mary Law School
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
William & Mary Law Review
81818app手机版下载Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states ...
This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, 2020 University of Michigan Law School
This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos
Michigan Law Review
Review of R. Shep Melnick's The Transformation of Title IX: Regulating Gender Equality in Education.
Title Ix Effectiveness At American Universities, 2020 Embry-Riddle Aeronautical University 81818app手机版下载
Title Ix Effectiveness At American Universities, Corrine K. Girard
Discovery Day - Prescott
81818app手机版下载The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the ...