Law review digests

Law review digests

ARTICLES, NOTES, AND COMMENTARY

Primary and Secondary Education Articles

Marina Angel, The Twenty-Fourth Annual Law Review Symposium: Sexual Harassment in the Workplace: Fifteen Years After Meritor Savings Bank: Symposium Article: The School Shooters: Surprise! Boys are Far more Violent than Girls and Gender Stereotypes Underlie School Violence, 27 OHIO N.U.L. REv. 485 (2001). This article takes the position that there is a significant correlation between sexual harassment and gender stereotyping with the school– shooter cases. It additionally seeks to show that the school shooting cases are representative of the country’s general crime statistics and studies.

Darryl C. Wilson, Home Field Disadvantage: The Negative Impact of Allowing Home-Schoolers to Participate in Mainstream Sports, 3 VA. J. SpoRTs & L. 1 (2001). This article examines the home-schoolers movement in general and specifically the issue of participation in mainstream athletics. It weighs the positive and negative effects of home-schoolers’ participation in school sports and concludes that a national standard should exist to resolve the issue.

NOTES AND COMMENTS

Beyond Levittown Towards a Quality Education for All Children: Litigating High Minimum Standards for Public Education, The CFE Case, 51 SYRACUSE L. REV. 1015 (2001). The courts should recognize that New York’s current method of school financing violates the New York Constitution by not providing adequate funding to poor neighborhoods, and deprives children of their constitutional right to a sound basic education.

Faith in Our Future, 23 WHITTIER L. REV. 183 (2001). This note examines the potential benefits to public school education if neutral and informed exposure to religious principles was incorporated into the curriculum.

The Education of All Children With Disabilities: Integrating Home-School Children into the Individuals With Disabilities Education Act. 62 OHIO ST. L.J. 1515 (2001). Perceiving a failure of the IDEA to recognize home-school students, the author suggests an amendment to the act, requiring federal funds to these students. Also discussed in: Finding the Way Back Home: Funding for Home School Children Under the Individuals With Disabilities Education Act, 101 COLUM. L. REV. 1709 (2001).

If A Public School Is Labeled “failing,” Could More Really Be Less?, 77 NOTRE DAME L. REV. 293 (2001). The author proposes that even if the only choice for parents in using money from school vouchers is between a failing public school and a religious school, the independent and private choice requirement is still met.

The New Face of Creationism: The Establishment Clause and the Latest Efforts to Suppress Evolution in Public Schools. 54 VAND. L. REV. 2555 (2001). This note outlines the recent attempts of creationists to remove evolution from school curricula and the subsequent legal challenges which will likely arise from their efforts.

The New Michigan Locker Statute: A Further Erosion Of Students’ Fourth Amendment Rights, 18 T.M. CooLEY L. REV. 233 (2001). Michigan statute allows school officials to inspect student lockers at any time.

Redefining Science to Accommodate Religious Beliefs: The Constitutionality of the 1999 Kansas Science Education Standards. 45 N.YL. ScH. L. REV. 297 (2001). Writing before its subsequent repeal, the author attacks the constitutionality of the controversial 1999 Kansas Education Standards (prohibiting the teaching of evolution in Kansas public schools), and outlines the efforts of creationists to define the teaching of evolution as a religion, and hence, a violation of the Establishment Clause.

Through A Glass Darkly: Educating With Zero Tolerance, 10 KAN. U. & PuB. Poi:y 369 (2001). This article proposes that zero tolerance policies define punishable offenses subjectively, and suggests that an alternative system of punishment is needed that includes the concepts of fairness and proportionality.

CASENOTES

Board of Regents of Univ. of Wis. Sys. v. Southworth, 529 U.S. (2001). Constitutional law-First Amendment: University Fees Can Speak For Students: The Constitutionality of a University’s Right to Fund Student Speech Via a Mandated Activities Fee, 77 N.D. L. REv. 549 (2001). GI Forum v. Tex. Educ. Agency, 87 F. Supp. 2d 667 (W.D. Tex. 2000). A Critical Analysis and Proposal for Redressing Problems With the Standardized Testing in Texas, 33 ST. MARY’s L.J. 143 (2001).

The Representation of Children With Disabilities in Connecticut Under the Individuals With Disabilities Education Act, 5 QUINNIPIAC HEALTH L.J. 85 (2001). This note considers whether individuals with claims under the IDEA receive adequate legal representation based on the lack of experience most attorneys have in this area.

Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000). Constitutional Law: Endorsing a New Test for Establishment Clause Cases, 53 FLA. L. REv. 995 (2001). Also discussed in 53 S.C. L. REv. 167 (2001). Student-led prayer.

SYMPOSIUM

School Violence, 23 LAw & PoL’y 269 (2001). Articles noted: Clifford R. O’Donnell, School Violence: Incidence, Legal Context, School Response, and Prevention; Michael Furlong, et al., Using Student Risk Factors in School Violence Surveillance Reports: Illustrative Examples For Enhanced Policy Formation, Implementation, and Evaluation; Richard E. Redding and Sarah M. Shalf, The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools; Reece L. Peterson, et al., School Violence Prevention: Current Status and Policy Recommendations; Pauline M. Pagliocca and Amanda B. Nickerson, Legislating School Crisis Response: Good Policy or Just Good Politics?; and Clifford R. O’Donnell, School Violence: Trends, Risk Factors, Prevention, and Recommendations.

Universities and Other Institutions of Higher Learning Articles

Lawrence DiNardo, Specialized ADR To Settle Faculty Disputes 28 J.C. & U.L. 129 (2001). This article examines the current methods used to settle employment disputes in colleges and universities. The author suggests that alternative dispute resolution (ADR) should be utilized in settling these disputes. Emphasis is placed on the advantages of ADR, such as settling these types of disputes without judicial intervention and preserving the integrity of the academic environment. The author also points out the prevalence and success of ADR in other employment settings.

Oren Griffin, Accommodating the Learning Disabled Student on Campus, 78 U. DET. MERCY L. REv. 547 (2001). This article points out the large number of disabled students in colleges and universities, and the need to accommodate them in the academic setting. The author argues that a system should be in place that corresponds to the requirements of the Americans with Disabilities Act and the Rehabilitation Act. Specifically, it is proposed that schools should not turn down timely requests for special accommodations by disabled students, except in extraordinary circumstances.

Roger C. Hartley, Enforcing Federal Civil Rights Against Public Entities After Garret, 28 J.C. & U.L. 411 (2001). Federalism has been revived under the Supreme Court’s ruling in Board of Trustees of the Univ. of Ala. v. Garrett. Supreme Court cases regulating Congress’ abrogation authority under Section 5 of the Fourteenth Amendment are discussed. Likely repercussions from the Garret holding are explored.

M.H. Sam Jacobson, A Primer on Learning Styles: Reaching Every Student, 25 SEATTLE U.L. REV. 139 (2001). Law school’s method of instruction and evaluation of students has remained virtually the same for a long period of time. However, this can be a problem considering the student’s that attend law school are becoming increasingly diverse. This article proposes that law professors need to consider the makeup of their students and apply a teaching style that will most effectively help the student in becoming a lawyer.

Jeff Kessler, Dollar Signs on the Muscle… and the Ligament, Tendon, and Ulnar Nerve: Institutional Liability Arising from Injuries to Student Athletes, 3 VA. SpoRTs & L. 80 (2001). In the area of collegiate athletics, injuries to students often result in tort liability for the school. The author points out that the bulk of these injuries occur in four situations. Namely, as a result of defective equipment, improper supervision of athletes, improper medical care and intentional torts. It is suggested that many of these injuries could be avoided if preventive measures were enacted by the schools to minimize the risks to students.

Michael J. Malinowski, Conflicts of Interest in Clinical Research: Legal and Ethical Issues: Institutional Conflicts and Responsibilities in An Age of Academic-Industry Alliances. 8 WIDENER L. SYMP. J. 47 (2001). Nationwide, colleges are becoming increasingly dependent on corporate financing for research, especially in the biotechnology fields. Conflicts of interest are becoming increasingly more common as the desire for pro-corporate results often does not harmonize with accuracy in reporting data. The author attempts to settle this by urging that federal standards in university research funding be established.

Kyle Murray and Lelia B. Helms, The Buck Stops Here: Graduate Level Disability Services and The 1998 Rehabilitation Act Amendments, 28 J.C. & U.L. 1 (2001). Post-secondary institutions and state vocational rehabilitation agencies dispute who should pay for disabled students’ services. Current cases involving vocational rehabilitation agencies’ attempts to limit funding to disabled graduate students are examined. Approaches to resolving the financial line-drawing in higher education disability services are proposed.

Gene R. Nichol, Bill Aycock and the North Carolina Speaker Ban Law, 79 N.C. L. REV. 1725 (2001). In 1963, the North Carolina legislature secretly passed a bill that does not allow any college or university which receives state funds to allow a speaker who is a member of the Communist Party, advocates the overthrow of the U.S. Constitution, or has pleaded the Fifth Amendment in questions regarding Communist connections. Upon learning of this ban, Bill Aycock, Chancellor of the University of North Carolina, began a long and combative campaign against the speaker ban for the protection of academic freedom. This article chronicles Bill Aycock’s powerful and inspiring struggle against the ban for the good of academic institutions.

Brian A. Snow and William E. Thro, The Significance of Blackstone’s Understanding of Sovereign Immunity for America’s Public Institutions of Higher Learning, 28 J.C. & U.L. 97 (2001). William Blackstone, while widely known for his commentaries on torts, has been criticized for not understanding his own theories on sovereign immunity. This criticism fails to notice that Blackstone’s understanding of sovereign immunity is also the view that the Supreme Court has recently taken on the issue of sovereign immunity. This article sets out to explore the similarities between Blackstone’s understanding of sovereign immunity and the current view taken by the U.S. Supreme Court. James L. Underwood, Applying the Good News Club Decision in a Manner That Maintains the Separation of Church and State in Our Schools. 47 VILL. L. REv. 281 (2002). The author begins with a discussion of the Supreme Court’s decision in Good News v. Milford, which allowed religious groups equal access to school facilities. The author sees the ideal scenario as one where religious groups compete with secular groups. To ensure a proper balance the author suggests time, place and manner restrictions on all school space.

NOTES AND COMMENTS

“Forecasts of Doom”: The Dubious Threat of Graduate Teaching Assistant Collective Bargaining to Academic Freedom, 42 B.C. L. REv. 941 (2001). The National Labor Relations Board should realize that the compensated services test is appropriate when dealing with the unionization of graduate teaching assistants.

Race-conscious Admissions In Higher Education, 28 J.C. & U.L. 153 (2001). This note proposes that diversity may be a justification for racial classifications in institutions of higher learning.

Should Higher Education Race-Based Financial Aid Be Distinguished From Race Based Admissions?, 42 B.C. L. REv. 967 (2001). This note examines the constitutional issues involving the use of race and ethnicity in admissions and financial aid decisions.

BOOK REVIEWS

Murray Sperber, Beer and Circus: How Big Time College Sports Is Crippling Undergraduate Education, (2000), reviewed by William E. Thro, 28 J.C. & U.L. 233 (2001).

Leslie Pickering Grancis, Sexual Harassment as an Ethical Issue in Academic Life, (2001), reviewed by Jack P. Lipton, 28 J.C. & U.L. 243 (2001).

Copyright Jefferson Law Book Company Jul 2002

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