Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

Manifestation determination reviews (MDRs) are a federally mandated practice that prevents schools from suspending students with disabilities for more than 10 days before determining if the student's disability is significantly and directly related to the problem behavior. The process is a controversial one, and prior research has shown that the…

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

The use of court cases as educational tools is widely established and deeply entrenched as an effective approach to legal studies education. Exploring legal concepts against the backdrop of a known outcome, in the form of a verdict or a judicial opinion, provides certainty and a foundation for the analytical extension of precedent to new and…

Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination…

This essay is a response to Angela Harris' "Racing Law: Legal Scholarship and the Critical Race Revolution." It further explores what Harris calls the "grammars of governance" from a historical case-law perspective and from the structure of our contemporary educational organization. First, a little-known case involving violence…

When professors teach complex topics like trademarks in a business law or legal environment class, the delivery is often too abstract. Textbooks tend to focus on black-letter basics of trademark law, ignoring strategic considerations. Experienced managers know that the strongest trademarks (legally speaking) do not necessarily sell products. These…

In the academic setting as in any organization legal norms prevail and are assumed to be congruent with ethical norms. Nevertheless, there are cases when the ratio of ethical and legal norms is inadequate and disproportional, especially those dealing with socially responsible decisions in academia. For this reason, the aim here is to analyse…

Remarks adapted from presentation: "Disrupting Law, Reclaiming Justice," a Conversation on Gillian Hadfield's "Rules for a Flat World" on October 8, 2018 at Creighton University. Despite the advancement in the ADR movement, there is much work to be done for justice to be accessible to "All." The legal profession…

Mock trials serve as useful experiential learning tools for undergraduate kinesiology students. In the current study, Kolb's experiential learning cycle was employed over the course of a semester through a comprehensive mock trial project that aimed to provide undergraduate students with an interactive learning experience as a means to achieve…

U.S. higher education institutions and international educators have sought to improve the level of engagement and participation in education abroad among undergraduate college students as well as to diversify the types of available experiences and the students that benefit from them. Yet, this programmatic investment in international education and…

This chapter asserts that the use and reporting of institutional research (IR) data is an area ripe for litigation. The chapter explores possible student causes of action as they relate to institutional research (IR) data and compares the probable outcomes to reported student lawsuits. The chapter concludes with recommended liability-avoiding…

The primary focus of affirmative action is attempting to correct unjust discrimination that has occurred over an extended period of history. The focus of this research will primarily be on affirmative action in higher education. The primary method of implementation has been through admissions practices that utilize racial identity as a factor in…

This article offers a teaching case based on the 2013 controversy surrounding comments made in a deposition by Paula Deen during a lawsuit filed against her by a former employee. Deen's admission of using racially derogatory terms, on top of a variety of other allegations in the case, stunned and outraged many of her fans and the public in…

What legal and ethical issues arise when students choose to perform popular music with explicitly religious content? The purpose of this article is to construct a policy framework for discussing the use of popular religious music within the classroom, with a specific focus on the concept of proselytization as legal criteria for setting appropriate…