{"title":"Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts and the Free Speech Rights They Protect","authors":"B. Riches","doi":"10.2139/SSRN.2560141","DOIUrl":"https://doi.org/10.2139/SSRN.2560141","url":null,"abstract":"The Supreme Court has held that the freedom of speech is not shed at the schoolhouse doors and warrants protection. Students’ whose religious viewpoints are discriminated against at school are likely unaware of their constitutional rights. The Religious Viewpoints Antidiscrimination Act or Student Religious Liberties Act, passed in Tennessee, Mississippi, South Carolina, and Texas, aims to protect students’ right to free speech. The Acts reaffirm constitutionally protected rights to free speech in classroom assignments, homework, and other interactions while at school. The Acts also advocate for the establishment of a limited public forum at all school-sponsored events where students may speak. This policy ensures that students can speak at any school-sponsored event without the fear of discrimination or retribution. The Acts pass scrutiny under both the Lemon test and the endorsement test and protect the school from most Establishment Clause violations. The Acts promote a policy that protects students’ free speech rights, including any religious expressions and provide teachers and administrators with a clear policy that will prevent costly litigation.","PeriodicalId":114187,"journal":{"name":"Brigham Young University Education and Law Journal","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133050053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Higher Education Governance: Proposals for Model Child Protection Governance Policy","authors":"Seletha R. Butler, Valerie Njiiri","doi":"10.2139/SSRN.2304792","DOIUrl":"https://doi.org/10.2139/SSRN.2304792","url":null,"abstract":"Child maltreatment reporting laws and policies fail to provide a clear and consistent platform for the mandated reporter to comfortably execute and implement a more secure child protection centric environment for the higher education system. To improve reporting of child maltreatment in higher education, we developed a framework for a model child protection governance policy for higher education institutions. The framework focuses on a culture of child and institutional and other stakeholder protection. As higher education organizations face governance challenges, this theoretical article makes several contributions to organizational governance and ethics, including reform addressing the viability of higher education systems.","PeriodicalId":114187,"journal":{"name":"Brigham Young University Education and Law Journal","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116611031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Who Owns Course Materials Prepared by a Teacher or Professor? The Application of Copyright Law to Teaching Materials in the Internet Age","authors":"G. L. Holmes, Daniel A. Levin","doi":"10.2139/SSRN.221993","DOIUrl":"https://doi.org/10.2139/SSRN.221993","url":null,"abstract":"Many teachers and professors prepare course materials to enhance the educational value of their classes. If such course materials constitute copyrightable works under federal copyright law, the question arises: Who owns the copyright to such materials? The educational institution? The teacher or the professor? What is the legal effect of the teacher or professor posting such materials on the educational institution's internet website? This article explores these questions.","PeriodicalId":114187,"journal":{"name":"Brigham Young University Education and Law Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123486355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Determining Adequacy: How Courts Are Redefining State Responsibility for Educational Finance, Goals, and Accountability","authors":"Regina R. Umpstead","doi":"10.2139/SSRN.930455","DOIUrl":"https://doi.org/10.2139/SSRN.930455","url":null,"abstract":"This article examines the educational adequacy state court decisions, highlighting the similarities and differences among them in order to provide more clarity to the meaning of the term educational \"adequacy.\" The article goes beyond the common conception of adequacy as an education finance movement, wherein state courts order their legislatures to provide sufficient funds to offer the opportunity for a basic quality education to all students in the state, by identifying three main components in adequacy decisions: funding, goals, and accountability. Although education finance is clearly the primary focus of the adequacy decisions, the educational goals and accountability requirements that are included in several of the decisions provide a more complete picture of the elements necessary for a state to provide an adequate education to its children. Therefore, this article addresses all three components and identifies the factors the courts have found to be important in deciding these cases.","PeriodicalId":114187,"journal":{"name":"Brigham Young University Education and Law Journal","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127730374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Illinois DREAM Act: A Constitutional Nightmare","authors":"W. Wojnarowski","doi":"10.2139/ssrn.2009638","DOIUrl":"https://doi.org/10.2139/ssrn.2009638","url":null,"abstract":"","PeriodicalId":114187,"journal":{"name":"Brigham Young University Education and Law Journal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122305741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}