Education Law eJournal最新文献

{"title":"Restoring the Promise of Brown: Using State Constitutional Law to Challenge School Segregation","authors":"J. Hilbert","doi":"10.2139/SSRN.2832964","DOIUrl":"https://doi.org/10.2139/SSRN.2832964","url":null,"abstract":"Despite over six decades of litigation, both state and federal court strategies have largely failed to address inequalities and segregation in America’s schools. More than sixty years after Brown v. Board of Education, our schools are still deeply unequal, and school segregation has generally been increasing over the past several decades. In both academic and social outcomes, students in these segregated schools lag far behind their peers. This article examines the viability of using state constitutional law to address school segregation. For more than forty years, state courts have played a major role and have had varied success in addressing issues of educational inequality under school finance and educational adequacy theories. A handful of cases have used state constitutional law to challenge school segregation, including a brand new case, Cruz-Guzman v. State of Minnesota, which restarts the discussion on how best to restore the original promise of Brown.Federal courts long ago departed sharply from the initial promise of the Brown decision and have spent the last few decades undermining desegregation. While hailed as one of the Supreme Court’s greatest accomplishments, the iconic Brown decision has been largely dismantled. Yet the goals of Brown remain a priority. This article discusses how state constitutional claims can bring new life to the promise of Brown and address school segregation. Educational adequacy cases targeting school segregation in some respects are a combination of the best of federal and state courts. Such potential cases represent the next logical step in addressing inequality in our schools, combining the many advantages of state court litigation with the original promise of Brown.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124780970","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":"Prohibition of Unfair Practices in Higher Education in India: A Legal Study","authors":"P. K. Pandey","doi":"10.2139/SSRN.2780950","DOIUrl":"https://doi.org/10.2139/SSRN.2780950","url":null,"abstract":"The educational institutions, on one hand are regarded as ‘temple of learning’, ‘temple of Maa Sarswati’ etc. and on other hand these educational institutions, now-a-days have become money making centers only without giving any hid to our historical fame of learning. India is country where teaching and learning are, through various mediums, treated as Dharma i.e. duty. Every educated person was under duty to teach others in Gurukulas or schools etc. Nalanda, Vikramshila, Takshshila, Vallabhi, Varanasi etc. were renowned centers. But, the advent of modernization and globalization brought a new concept of commercialization where everything is thought to be saleable and buyable. In this system, there is no place of morality, relations, values except income. The so-called developed society has done a lot for survival and enjoyment but nothing to think our future where we can find a value based society. The mushrooming of educational institutions are a good example for this, where the management thinks its right to involve in unfair practices but the condition is so bad that the majority of us are also involved to get anyhow degrees. The present paper brings forth the condition of unfair practices in higher education institutions and outlines the legal available and proposed norms to rectify this behavior.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122703982","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 Impact of Working Conditions on Female Teachers’ Performance in Private Universities of Karachi","authors":"Rizwan Raheem Ahmed, J. Vveinhardt, Nawaz Ahmad, Hifza Sadiq","doi":"10.21125/INTED.2016.0330","DOIUrl":"https://doi.org/10.21125/INTED.2016.0330","url":null,"abstract":"Purpose: The purpose of this research is to identify those factors that can impact the female teachers performance in private universities of Karachi. The objective of this research is to identify the working environment; workload, late working hours and harassment create hurdles on women teachers’ performance in private universities of Karachi.Design & Methodology: The research design, which we use, is descriptive research design because we determine the association between the dependent and independent variables. Our independent variables are working hours, workload and harassment these are the causes that can be controlled or changed. The research explores the impact of these variables on female teachers performance. A structured questionnaire is designed to collect 200-sample size from four different private universities in Karachi. The research design of study was quantitative in nature and data was analyzed through regression and correlation analysis.Finding & Recommendations: The results of the study concluded that the overall working environments of universities have a significant impact on the performance of female teachers. Other variables i.e. workload, working hour and female harassment have significant impacts on female teachers performance too. Therefore, it is finally concluded that non-conducive working environment, unjustified working hours, excessive workload and sexual harassment create a negative impact on women employee performance in private universities of Karachi. On the basis of results, it is recommended to the private universities that it is a sole responsibility of university that conducive working environment, justified workload, reasonable working hours and harassment free environment should be provided to the female teachers in order to utilize their optimal performance.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129455321","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":"Safeguarding Quality of Higher Education in the Netherlands. Closing the Gap between Policy and Research","authors":"J. Hartog","doi":"10.2139/ssrn.2734018","DOIUrl":"https://doi.org/10.2139/ssrn.2734018","url":null,"abstract":"I will outline the institutional structure of monitoring and improving the quality of higher education in The Netherlands. After critical assessment of recent educational policies a Parliamentary Committee of Inquiry proclaimed the rule of Evidence Based Interventions Only. From discussion and follow-up on that report I will draw the conclusion that more is needed than just a list of recommendations.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115961237","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":"Экономические детерминанты и приоритеты государственной образовательной политики Российской Федерации (Economic Determinants and the Educational Priorities of the State Policy of the Russian Federation)","authors":"T. Ignatova, Karina G. Nemashkalova","doi":"10.2139/ssrn.2615244","DOIUrl":"https://doi.org/10.2139/ssrn.2615244","url":null,"abstract":"Russian Abstract: Одним из основных приоритетов социально-экономического развития России является модернизация образовательных процессов. В статье анализируются ключевые вопросы разработки и реализации современной государственной образовательной политики.English Abstract: The article aimed at that one of the basic priorities of social and economic development of Russia is modernization of educational processes. Key questions of developing and implementation of a modern government educational policy are analyzed in article.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131860099","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":"Review of the Economic Legislation in October 2014","authors":"Julia Grunina, I. Tolmacheva","doi":"10.2139/SSRN.2532352","DOIUrl":"https://doi.org/10.2139/SSRN.2532352","url":null,"abstract":"In September–October 2014, the following main changes were introduced into the legislation: the terms of the Federal Law on the Foundations of the System of Preventive Measures Against Neglect of Minors and Juvenile Delinquency were brought in compliance with the Federal Law on Education in the Russian Federation; the procedure for selection of foreign nationals for education in the Russian Federation within the limits of the quota set by the Government of the Russian Federati on was determined; the procedure for provision of grants of the President of the Russian Federation to young scientists was specifi ed; in Q2 2014 the subsistence per capita level in Russia in general rose from Rb 7,688 to Rb 8,192 as compared to Q2 2014; the procedure for entering into a license agreement on provision to the state customer of the right to use the outputs of intellectual activities for public needs on the basis of a royalty-free (nonexclusive) license was determined.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116827462","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":"Washington State's Mandate: The Constitutional Obligation to Fund Post-Secondary Education","authors":"A. Sherman, Hugh D. Spitzer","doi":"10.2139/SSRN.2531394","DOIUrl":"https://doi.org/10.2139/SSRN.2531394","url":null,"abstract":"This essay focuses on the provisions of the Washington State Constitution that address post-secondary education. It argues that, understood in the historical context in which those sections were drafted, Washington State has a constitutional obligation to support and fund its institutions of higher learning. The essay describes the historical development of education systems in the United States, with particular attention paid to the funding of those systems. It then shows that (1) the language of Articles IX and XIII of Washington’s constitution are closely related, (2) Article IX’s “general and uniform system of public schools” was meant to include both normal schools (teacher training colleges) and technical schools, and (3) Article XIII’s mandate that the state “foster and support” education institutions referred to the University of Washington, among others. It concludes that while the precise level of required state support for the regional and research universities is not clear, the continued reduction of state funding may soon reach a constitutionally unacceptable level.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131310561","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 Savings Behavior of Special Purpose Governments: A Panel Study of New York School Districts","authors":"W. Duncombe, Yilin Hou","doi":"10.1111/pbaf.12045","DOIUrl":"https://doi.org/10.1111/pbaf.12045","url":null,"abstract":"During the Great Recession, local governments experienced unprecedented fiscal stress. Among localities, special‐purpose governments are especially vulnerable to recessions due to their reliance on sole revenue sources. School districts are one example that depends heavily on state aid on top of property taxes. However, the literature is very thin on the savings behavior of special‐purpose governments. This paper contributes to filling the niche: it uses a 28‐year panel of fiscal and socio‐economic data for school districts in New York State to examine the determinants of fund balances. Our findings show that the savings of school districts are affected by their size, fiscal capacity, and revenue portfolio. The results are similar for reserved funds and unreserved funds, which suggests that school districts use reserved funds as a savings mechanism. However, the savings are not necessarily related to economic cycles.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131191240","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":"Race, Ethnicity, and Education Policy","authors":"J. Hochschild, Francis X. Shen","doi":"10.2139/ssrn.2476048","DOIUrl":"https://doi.org/10.2139/ssrn.2476048","url":null,"abstract":"Race and ethnicity are deeply and intricately entwined with the policies, politics, and outcomes of schooling in the United States. But scholars surprisingly seldom agree on just what the problems are with regard to race in schooling, or on explanations for and solutions to these problems. This chapter reviews many of the ways in which race and ethnicity are connected to education -- including attainment, achievement, desegregation, school choice, the distinctive issues in urban schools, and other domains. We offer no new solutions of our own, but conclude by noting the importance of reconsidering the boundaries around racial groups and reconsidering the common assumption that there is a unified group interest among blacks, Latinos, or Asian Americans.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133481283","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 NCAA Student-Athlete Reinstatement Process: Say What?","authors":"Josephine R. Potuto","doi":"10.2139/SSRN.2469365","DOIUrl":"https://doi.org/10.2139/SSRN.2469365","url":null,"abstract":"There is a loud, indefatigable, and breathtakingly broad cacophony of critics chanting that the NCAA is unfair to student-athletes. The NCAA regularly is criticized for its impact on student-athletes who have no voice in creating the bylaws that affect them and, it is argued, no alternative to the NCAA if they want to attend college and also compete in varsity athletics. Chief among the complaints is how student-athlete violations are handled. Most often the critics ignore or fail to appreciate the magnitude of potential student-athlete violations. Almost always the reinstatement process is assumed, wrongly, to mirror the Committee on Infractions process, with NCAA investigations, adversarial presentations, and Committee fact findings.Instead, a student-athlete’s university – not the Student-Athlete Reinstatement Committee or its staff – investigates student-athlete violations, develops the relevant facts, and concludes that violations were committed. The exclusive role of the Student-Athlete Reinstatement Committee and its staff is to assure that a university provides a fully developed factual record, to assess the degree of student-athlete culpability based on the facts reported by a university, and to decide whether and under what conditions a student-athlete may be reinstated to competition eligibility.The reinstatement process is practical reflection of the magnitude of potential student-athlete eligibility cases and the need for quick resolution. Student-athletes have only four years of competition eligibility and only a five-year window in which to compete. Most of their violations are admitted to by them. Often their violations are not serious and the competition consequences are minimal. In the great bulk of student-athlete reinstatement cases the current process not only works well for overall bylaw administration and enforcement, but it also advances student-athlete interests.The Article shines a spotlight on the reinstatement process to explain how it works, highlight where and why it differs from the enforcement/infractions process; and describe the deferential judicial standard of review accorded student-athlete eligibility decisions. The Article proposes reforms to provide student-athletes a greater voice in cases that carry substantial eligibility consequences. The Article also advances reforms to enhance transparency in student-athlete reinstatement decisions, cross-case consistency, and cross-institutional confidence in reinstatement decisions.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"877 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121861994","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}