Education Law eJournal最新文献

{"title":"Picking Up Big Bills from the Sidewalk: The Supply of and Demand for Quality Basic Education in India and Brazil","authors":"Lindsey Carson, Joanna V. Noronha, M. Trebilcock","doi":"10.2139/ssrn.2468824","DOIUrl":"https://doi.org/10.2139/ssrn.2468824","url":null,"abstract":"Despite the robust, bicausal relationship between quality primary education and sustainable, equitable development, two of the world’s fastest-growing democracies – India and Brazil – continue to lag behind their regional and economic peers in basic learning outcomes. In this article, we use a supply and demand framework to identify six institutional factors that we hypothesize may be determinative in shaping education outcomes in both countries. On the demand side, we first consider whether the actual demand for quality basic education in India and Brazil is as robust as the theoretical and empirical literature linking it to well-being would predict, examining how the real and perceived individual returns to education may affect the value people attach to schooling attainment and learning outcomes. We next investigate whether consumers and citizens possess sufficient information about the quality of the educational services provided by the state to induce demand for better schools. Finally we analyze the growth in private schools, exploring whether the existence of non-governmental alternatives undermines popular pressure on politicians and policymakers. Turning next to the supply of educational services, we examine how India and Brazil finance education, considering absolute levels of public expenditures as well as the allocation of such funds (geographically, by academic level, and by type of input). We next explore the incentives that educational management structures at the national, state/regional, district, and school levels generate for teachers, principals, and other educational administrators. Finally, we analyze public accountability mechanisms in both countries, investigating monitoring, evaluation, and reporting systems as well as anti-corruption initiatives and considering how political structures affect the responsiveness of leaders at various levels of government.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122474181","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":"Further Evidence Against the Laissez Faire Origins of American Higher Education Hypothesis","authors":"D. Bennett","doi":"10.2139/SSRN.2290351","DOIUrl":"https://doi.org/10.2139/SSRN.2290351","url":null,"abstract":"Bennett (2014) provides a critical challenge to a common view held by education scholars that American higher education was governed by a free market during the post-Revolution antebellum, suggesting that the state was more involved in shaping the sector than has traditionally been recognized. This paper provides further evidence against the laissez faire origins of higher education. Protectionist regulatory regimes in Michigan and New York hindered competition in these states. Distortionary subsidies in many other states such as Massachusetts, Maryland and Virginia gave successful rent-seeking institutions an advantage over unsuccessful ones.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132929482","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":"Out-of-Pocket Medical Bills and Skewed Incentives: Issues with the NCAA Insurance Policy and Its Ironic Support for the Trite Notion of 'Amateurism'","authors":"J. J. Leppler","doi":"10.2139/SSRN.2383287","DOIUrl":"https://doi.org/10.2139/SSRN.2383287","url":null,"abstract":"This Article analyzes the NCAA’s current insurance policy, and argue why its current model gives a student-athlete little to no reasonable alternative than to pursue professional sports, and may also harm the NCAA’s push for amateurism rather than support it.Part II will summarize both categories of the policy; the Catastrophic Injury Program (“CIP”) and the Exceptional Student-Athlete Disability Insurance Program (“ESDI.”) and their intricacies. This section will also identify problems with each of the programs as to the CIP with the current NCAA concussion litigation and other latent injuries, and the ESDI as it has three glaring issues: The current cost allocation method, the inadequacy in covering a wide-range of injuries concussions and other latent injuries, and covers too few NCAA student-athletes.Part III will address the problems in both CID and ESDI, and offer workable solutions to the present issues that will both promote amateurism and ensure fairness for the athlete, because, as the insurance stands, the policy is unfair and inequitable for the NCAA student-athletes.Finally this article will conclude that aside from the proposals to the current policy offered, the NCAA should centralize the health care of all student-athletes because they are what makes the NCAA profitable. It is time for the NCAA to internalize the costs, and support the personnel that put their bodies on the line daily so the “charitable” non-profit under the Internal Revenue Code Section 501-3 can continue to profit and generate tens of millions tax-exempt dollars in revenue directly from the athletic performances of their “amateur” student-athletes.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130044732","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":"What's in a Name? The Collegiate Mark, the Collegiate Model, and the Treatment of Student-Athletes","authors":"Josephine R. Potuto, William H. Lyons, K. Rask","doi":"10.2139/SSRN.2364284","DOIUrl":"https://doi.org/10.2139/SSRN.2364284","url":null,"abstract":"The amateurism principle, by which student-athletes are ineligible for collegiate competition if they capitalize financially on their athletic skill or reputation, is a mainstay of college athletic competition. It has two general justifications. First, it underscores that those who compete on a university athletic team must be students at that university in more than name only. Second, it maintains college athletic competition as a \"mark\" separate from professional sports, thereby insulating fan interest, donor support, and revenue streams.The revenue-driven commercialization of intercollegiate athletics programs embodies an increasing disconnect between athletic department budgets and the money spent on bloated coach salaries and extravagant athletic facilities when contrasted with NCAA limits on benefits that may be provided directly to student-athletes as well as on how student-athletes independently might market themselves. The result is a cacophony of complaints that college athletics are not amateur athletics but, instead, are big business divorced from the campus ethos, at least at the major NCAA Division I Football Bowl Subdivision (FBS) schools and at least in the revenue sports of football and men’s basketball. In turn, critics reject the idea that a full ride athletic scholarship, plus the educational and lifetime economic benefits of a university education, appropriately cabin the full economic scope of what men’s basketball and football student-athletes are entitled to derive from their college careers and their athletic participation. As these critics see it, the genie is out of the bottle and the amateurism principle must give way.The debate roiling over the uncompensated use of student-athlete names and likenesses so far has been long on platitudes and on easy, less than fully considered, answers but short on data or on any close analysis of what the NCAA, conferences, and member universities currently do or might need to be able to do; exactly what benefits currently are provided to student-athletes; the value of football and men’s basketball student-athletes independent of the universities for which they compete; and the practical and legal impediments to implementing some of the solutions proffered to provide additional funds to student-athletes either while they are still eligible to compete or after they have exhausted eligibility.Our purpose in the Article is to fill that void by providing a comprehensive examination of these issues that includes examination of the impact of the federal tax laws, the laws governing the creation and administration of trust accounts, and Title IX; as well as an econometric model of the value of football and men’s basketball student-athletes. We also consider whether changes might be made in the treatment of student-athletes that would better match the 21st Century university and the modern contours of an FBS athletic program and yet still preserve the essential nature of the collegiate model. ","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"84 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126245615","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":"Reaping What Bush Sowed?","authors":"Paula E. Stephan","doi":"10.2139/SSRN.2443564","DOIUrl":"https://doi.org/10.2139/SSRN.2443564","url":null,"abstract":"I examine and document how the Endless Frontier changed the research landscape at universities and how universities responded to the initiative. I show that the agencies it established and funded initially recruited research proposals from faculty and applications from students for fellowships and scholarships. By the 1960s the tables had begun to turn and universities had begun to push for more resources from the federal government for research, support for faculty salary and research assistants and higher indirect costs. The process transformed the relationship between universities and federal funders; it also transformed the relationship between universities and faculty. The university research system that has grown and evolved faces a number of challenges that threaten the health of universities and the research enterprise and have implications for discovery and innovation. Five are discussed in the closing section. They are (1) a proclivity on the part of faculty and funding agencies to be risk averse; (2) the tendency to produce more PhDs than the market for research positions demands; (3) a heavy concentration of research in the biomedical sciences; (4) a continued expansion on the part of universities that may place universities at increased financial risk and (5) a flat or declining amount of federal funds for research.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121949654","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":"Partial Compliance with Affirmative Action Bans: Evidence from University of California Admissions","authors":"Marc Luppino","doi":"10.2139/ssrn.2347148","DOIUrl":"https://doi.org/10.2139/ssrn.2347148","url":null,"abstract":"Even under an affirmative action ban, there remains scope for universities to offer minority applicants less overt admission preferences since such practices would be difficult to detect. This paper finds that the majority of University of California campuses reduced, though did not fully eliminate, the use of admission preferences for minority applicants after California’s ban on affirmative action. By comparing estimates from alternative fixed effect strategies for dealing with applicant unobservables, the paper also demonstrates how one can effectively sign the bias of OLS estimates of minority admission preferences. These results suggest that OLS estimates are likely to be downward biased.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125282717","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":"Analysis of UK/EU Law on Data Mining in Higher Education Institutions","authors":"A. Guadamuz, Diane Cabell","doi":"10.2139/ssrn.2254481","DOIUrl":"https://doi.org/10.2139/ssrn.2254481","url":null,"abstract":"Data or text mining (hereafter called “content mining”) is a process that uses software that looks for interesting or important patterns in data that might otherwise not be observed. An example might be combining a database of journal articles about ground water pollution with one of hospital admissions to detect a pollution-related pattern of disease breakout.It is also a useful tool in commerce. A credit card company might detect a correlation between purchases of tickets from particular airline with purchases of certain types of automobiles and develop a marketing program uniting appropriate vendors. One McKinsey report states that the utilization of ‘big data’ in the sphere of public data alone could create €250 billion annual value to Europe’s economy.Content mining is increasingly accomplished by machine. Databases, particularly those produced by scientific research, are far too large to be scanned by human eyeball. However, the right to mine data is not assured by the law in most jurisdictions and even where it is, the terms of access to the majority of research publication databases deny permission to do so. One recent study indicated that obtaining permission to mine the thousands of articles appearing on a single subject from the myriad of different publishers would require 62% of a researcher’s time. Many content owners, including research institutions, have yet to develop any policy on content mining.This report will identify the main legal barriers to data mining and data reuse and make policy suggestions to guide governments, funding agencies, and research institutions. As the title suggests, the emphasis of the study is about legal issues that are specific to higher education institutions (HEIs).The first challenge for this report is to attempt to delimit the subject matter, as various types of content that are subject to automated analysis. HEIs can hold and share content of various formats, here are just a few examples:Text: published articles, book chapters, preparatory notes, working papers, reports, teaching materials, conference papers, presentations, theses.Datasets: statistical data, geolocation data, survey results, maps, figures, time series, genetic information, health records, computer logs.Multimedia: pictures, sound recordings, interviews, presentations, video.Each of the above may have separate legal regimes applying to them. In the interest of convenience and simplicity, whenever the report talks about database contents, there will be no distinction as to whether we are dealing with text, data or multimedia, unless clearly specified in the text.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133852116","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 Repealing Sunday Closing Laws on Educational Attainment","authors":"D. Luca","doi":"10.2139/ssrn.1939588","DOIUrl":"https://doi.org/10.2139/ssrn.1939588","url":null,"abstract":"Adolescents face daily trade-offs between human capital investment, labor, and leisure. This paper exploits state variation in the repeal of Sunday closing laws to examine the impact of a distinct and plausibly exogenous rise in the quantity of competing diversions available to youth on their educational attainment. The results suggest that the repeals led to a significant decline in both years of education and the probability of high school completion. I explore increased employment opportunities and risky behaviors as potential mechanisms. Further, I find a corresponding decline of the repeals on adult wages.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122089575","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":"State Governance, Politics, and Mandatory Student Fees: Navigating a New Reality in the University System of Georgia","authors":"Adam Burke Sterritt","doi":"10.2139/SSRN.2008842","DOIUrl":"https://doi.org/10.2139/SSRN.2008842","url":null,"abstract":"Rapidly increasing enrollments, combined with declining state revenues, cuts to state appropriations, and the increasing cost of educating students have coalesced during a global economic recession, leaving American institutions of public higher education in financial crisis. Institutions are looking for new sources of revenue and are increasingly turning to mandatory student fees to help fill the gap. In Georgia, public higher education is governed by the University System of Georgia Board of Regents (USG BOR), a highly politicized body that has the power to set mandatory student fee rates with significant input from institutional committees. This study aimed to discover the perspective of senior level officials in both the institution and the state governing body on the role of mandatory student fees in the USG. This paper reviews the literature informing the use and governance of mandatory student fees, examines USG mandatory student fee rates, policies, and procedures, and provides qualitative data from senior officials at the University System of Georgia and one sample USG institution.The economic and political conditions of the USG significantly affect student fee policy and rates. Examples in this study include changes in the merit-based HOPE Scholarship, a state performance audit of mandatory student fees, and leadership changes in the legislature and USG BOR. This study found that mandatory student fees are being utilized to offset the decline in state appropriations to the University System of Georgia, both at the system and institutional level. Fee rates are increasing dramatically in the USG, most significantly from a BOR-mandated special institutional fee and the proliferation of mandatory student fees to fund public private construction ventures. The BOR-mandated special institutional fee is the most significant finding of the study as it circumvented the fee approval process and has become an indispensable financial tool in funding the general operation and academic mission of USG institutions. State governance plays an important role in mandatory student fee decisions through the involvement of a complex web of stakeholders, which adds layers of politics that complicate the mandatory student fee process for the institutions as well as for the system.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131616592","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":"NCAA Meets Hurdles if it Changes the System, Pays Student-Athletes","authors":"Timothy Liam Epstein","doi":"10.2139/SSRN.1956563","DOIUrl":"https://doi.org/10.2139/SSRN.1956563","url":null,"abstract":"This article discusses the recent scandals that have occurred in NCAA football programs involving players receiving extra benefits. It also discusses a radical approach to combating this issue which is a pay for play scheme. This article analyzes the pros and cons of such an approach as well as other solutions to approach the issue of student athletes receiving extra benefits from outside sources.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125553145","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}