Education Law eJournal最新文献

{"title":"The Non-Impact of Reading First - Where to Go From Here","authors":"Dick Schutz","doi":"10.2139/SSRN.1368925","DOIUrl":"https://doi.org/10.2139/SSRN.1368925","url":null,"abstract":"The commentary is in three parts: The first part, \"What Went Wrong,\" does not place blame but is intended to clear the way to address the future. The second part, \"What Can Be Salvaged,\" addresses conclusions that can be drawn from the study apart from the reported findings and identifies instrumentation constructed by the Study Team that can be useful in addressing the future. The third part, \"How to Get Impact\" sketches one road map for accomplishing the aspirations of No Child Left Behind.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132216198","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":"Education Finance Reform in the American States: A Discrete-Time Competing Risks Model","authors":"Damon M. Cann, Teena Wilhelm","doi":"10.2139/ssrn.1285605","DOIUrl":"https://doi.org/10.2139/ssrn.1285605","url":null,"abstract":"In this research, we develop a model that predicts the occurrence of education finance reform in the states. We improve upon existing studies of education finance reform that depict the process as a single event that may happen in only state supreme courts or state legislatures. We account for the possibility of reform via courts, legislatures or referendum as well as the possibility of repeated reform events. In this way, we have a more complete, more accurate picture of the reform movement in the states.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123536442","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 Government Can't, May, or Must Fund Religious Schools: Three Riddles of Constitutional Change for Laurence Tribe","authors":"M. Minow","doi":"10.2139/SSRN.1130299","DOIUrl":"https://doi.org/10.2139/SSRN.1130299","url":null,"abstract":"Three linked puzzles arise with the constitutionality of public funding private schools - where the funding scheme excludes religious schools: how can the demands of both the Establishment and Free Exercise clause be satisfied; what does respecting precedent mean when there is a recent reversal of one line of cases, and when does federalism demand deference to the supremacy of the federal constitution or instead respect for state autonomy? The puzzling conjunction of the free exercise and establishment could lead government actors has led the Supreme Court to call for \"play-in-the-joints,\" allowing some distance between government aid and religious institutions even at if it limits the free exercise of some individuals who at the margin may choose a non-religious path in order to get the public subsidy. The second puzzle - how to respect precedent when a recent new precedent overturns an older one - suggests some respect people's reliance on surrounding precedents, here governing the pre-existing relationship between religion and government. The third puzzle, federalism's Janus-faced tribute to state autonomy, requires federal supremacy but should permit the variety that decentralization enables. Given these puzzles, consideration of policy effects is justified; it is relevant to consider how mandating public funding of vouchers and tax credits redeemable at parochial schools as part of any public educational aid would likely lead many more families to opt for private religious schools, schools - and would alter the character of schooling and socialization in America. Taken together, stare decisis and the religion clauses suggest that federal courts now should leave room for state experimentation and variety rather than a uniform national solution on the issue of compelled public aid to religious schools. This approach is informed by Professor Tribe's approach to constitutional doctrine not a straight-jacket but instead a tool for addressing complex difficulties in light of past resolutions of analogous difficulties as well as past and enduring normative commitments.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121562619","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":"Corruption in Russian Higher Education as Reflected in the Media","authors":"Ararat L. Osipian","doi":"10.2139/ssrn.1087612","DOIUrl":"https://doi.org/10.2139/ssrn.1087612","url":null,"abstract":"This paper considers corruption in higher education in Russia as reflected in the national media, including such aspects as corruption in admissions to higher education institutions and corruption in administering the newly introduced standardized test. The major focus is on the opinions of the leading figures of the education reform as related to corruption in education. The national media presents points of view of both supporters of the reform and those in opposition to the reform. Despite all the opposition that the standardized test faces among the leading educators and legislators, including The Chairman of The Council of Federation and numerous other Members of the Russian parliament and rectors of higher education institutions, the government continues implementation of the reform. Even though, as follows from the media reports and comments, the standardized test will not solve the problem of corruption in education, its full scale country-wide implementation at this point appears to be a question of time.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122603520","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 Corruption in the World Media: Prevalence, Patterns, and Forms","authors":"Ararat L. Osipian","doi":"10.2139/ssrn.1124559","DOIUrl":"https://doi.org/10.2139/ssrn.1124559","url":null,"abstract":"Corruption in higher education is a newly emerging topic in the field of education research. There is a phenomenal growth in the number of media reports on corruption in higher education over the last decade. However, the rigorous systematic research on education corruption is virtually nonexistent. This paper considers corruption in higher education as reflected in the world media, including such aspects of corruption as its prevalence, patterns, and dominating forms. It follows publications in the specialized and the non-specialized media outlets in the United States, the United Kingdom, and the Russian Federation. The publications are grouped depending on the particular problem they address. This criterion has been chosen as best addressing the issue of corruption internationally. Socio-economic context of educational reforms and changes in each country leaves its print on major forms of corruption in higher education. The findings help to determine which aspects of corruption in higher education should be given more consideration in the future research and which ones might be prioritized, as well as how the national systems of higher education can be improved.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132499882","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 Effect of Year-Round School Calendars on Academic Performance","authors":"Jennifer Anne Graves","doi":"10.2139/ssrn.1028131","DOIUrl":"https://doi.org/10.2139/ssrn.1028131","url":null,"abstract":"Using detailed longitudinal data for the state of California, this paper studies the effect that year-round school calendars have on academic performance. A particular type of year-round calendar, multi-track, allows for schools to house more students with the same facility and are often motivated for their potential to alleviate overcrowding as well as be cost saving relative to new school construction. This paper finds that these cost savings \"come at a cost\" in terms of the quality of education produced, as measured by a school's national percentile rank on standardized tests. I find that being on a year-round calendar results in a drop of 1-2 percentile points in national percentile rank on reading, math and language scores. The findings of this paper have strong policy implications that are especially relevant to the current condition of the US education system, where many states are facing overcrowding problems and have implemented or are seriously considering implementation of multi-track year-round calendars as a remedy.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116538624","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":"Ending the Higher Education Sucker Sale: Toward an Expanded Theory of Tort Liability for Recruitment Deception","authors":"Aaron N. Taylor","doi":"10.2139/SSRN.2399524","DOIUrl":"https://doi.org/10.2139/SSRN.2399524","url":null,"abstract":"Admissions officers live a dual, often conflicted, existence. In one sense, they are counselors responsible for advising prospective students. In another sense, they are salespeople with obligations to meet enrollment goals. The pressures fostered by these roles sometimes prompt unscrupulous individuals to use misrepresentations and other forms of deception to induce students to enroll. Unfortunately, students who are induced to enroll based on recruitment deception are afforded few options for redress. The purpose of this article is to conceptualize a tort-based solution to this utter inequity. The article proposes a broadening of negligent misrepresentation to encompass a new tort-negligent educational recruitment. This tort would employ approaches to determining duty and causation that account for the distinctive nature of the educational process, and, thus, overcome the concerns that often doom negligent misrepresentation lawsuits in the higher education context.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"4 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":"114789429","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":"Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm","authors":"J. Pila","doi":"10.4337/9781781001622.00013","DOIUrl":"https://doi.org/10.4337/9781781001622.00013","url":null,"abstract":"The vast majority of inventions are devised by employees, raising the question who is entitled to patent them? Under the UK Patents Act 1977, the right to patent an invention lies primarily with its inventor(s). However, an exception exists for employee inventions to which section 39(1) applies. The recent decision of the Full Court of the Federal Court of Australia in UWA v Gray raises the question of the applicability of this provision in the university context, in respect of regular academic employees. In that case, the Court relied on UK authorities to support its conclusion that the University of Western Australia had no rights in respect of certain inventions devised by its former Professor of Surgery. In so doing it raised a question regarding the widespread assumption that section 39(1) applies indiscriminately, including in respect of academic inventions. In a forthcoming article (\"'Sewing the Fly Buttons on the Statute:\" Employee Inventions and the Employment Context' (2012) 32 OJLS) I question that assumption, arguing that section 39(1) is built around a private sector paradigm, and that there exists a 'rational reason' in the sense of Shanks v Unilever plc [2010] EWCA Civ 1283 for departing from that paradigm in certain cases, including those involving academic and professional employees. In the current paper I build on this argument by considering its support in modern law.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"43 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":"117186916","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":"Making State Merit Scholarship Programs More Equitable and Less Vulnerable","authors":"Aaron N. Taylor","doi":"10.2139/SSRN.2249039","DOIUrl":"https://doi.org/10.2139/SSRN.2249039","url":null,"abstract":"Since the 1993 arrival of Georgia’s Helping Outstanding Pupils Educationally (HOPE) Program, merit scholarships have become popular tools for states seeking to maximize human capital within their borders. However, research has concluded both that the bulk of merit scholarships goes to students with the least financial need and the popularity of these programs has led to a de-emphasis on need-based scholarship funding in some states. These trends are even more worrisome when these programs are funded by lottery revenue, as is the case with HOPE. Lotteries are inherently regressive because the people who play (and pay related taxes) tend to be poor and less educated. Therefore, when lottery revenue is distributed in the form of scholarships to higher-income recipients, this regressivity is exacerbated. This article presents two policy proposals for reducing socioeconomic and racial disparities in state merit scholarship awarding while also alleviating the fiscal pressures that tend to beset lottery-funded programs. The first proposal is to implement a need-based scholarship program with an early engagement component. The second proposal is to award merit scholarships using a “merit-aware” index.","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"35 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120853684","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":"Disaster Management","authors":"Darby Dickerson","doi":"10.1007/978-3-319-95714-2_300068","DOIUrl":"https://doi.org/10.1007/978-3-319-95714-2_300068","url":null,"abstract":"","PeriodicalId":402063,"journal":{"name":"Education Law eJournal","volume":"1 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":"129087540","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}