Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden
BYU Law Review

A Call for State Legislators to Reconsider Their Stance on School Choice and School Funding, Leah Blake
Brigham Young University Journal of Public Law

Time’s Up: Schools Need to Teach Students About Sexual Harassment, Alyssa Nielsen
BYU Law Review

School to Students: Post That, and You Won't Play, Ashley Waddoups
BYU Law Review

Shutting Down Speech 101: Saving Campus Free Speech from the Heckler’s Veto and the Speech Gerrymander, Charles Adside III
Brigham Young University Journal of Public Law

“More than a Chronological Fact”: Roper v. Simmons as an argument for moving away from Zero-Tolerance Discipline and toward Restorative Justice, Elisse Newey
Brigham Young University Education and Law Journal

Out in Public: Legal and Policy Benefits of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor
Brigham Young University Education and Law Journal

Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability and Transparency in the IRS Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars
Brigham Young University Education and Law Journal

Smile, You’re on Camera: a Discussion of the Privacy Rights of Teachers in the Modern Day Classroom, Dakota Brewer
Brigham Young University Education and Law Journal

Separating the Wheat from the Tares: the Supreme Court's Premature Strict Scrutiny of Race-based Remedial Measures in Public Education, Hayden Smith
Brigham Young University Education and Law Journal

The Federal Role in Universal Pre-K, Brian McWalters
Brigham Young University Education and Law Journal

Armed and Dangerous - Teachers? A Policy Response to Security in our Public Schools, Todd A. DeMitchell, Christine C. Rath
Brigham Young University Education and Law Journal

Monetary Liability of Public School Employees under the IDEA and Section 504/ADA, Perry A. Zirkel
Brigham Young University Education and Law Journal

Minding the Gap: Improving Parental Involvement to Bridge Education Gaps Between American Indian and Non-Indian Students, Cassidy Wadsworth Skousen
Brigham Young University Education and Law Journal

Keeping the "I" In the IDEA: A Response to a Proposal to Abandon Individualization in Special Education In Favor of Rule-Based Delivery Models, Thomas A. Mayes
Brigham Young University Education and Law Journal

Thinking Outside of the Race Boxes: A Two-Pronged Approach to Further Diversity and Decrease Bias, Samia E. McCall
Brigham Young University Education and Law Journal

Addressing the Bullying and Harassment of Students with Disabilities Through School Compliance to Avoid Litigation, Bryson King
Brigham Young University Education and Law Journal

Off-Campus Sexually Harassing Expression: What Legal Standard Applies?, Martha McCarthy
Brigham Young University Education and Law Journal

Unpatriotic Profit: How For-Profit Colleges Target Veterans and What the Government Must Do to Stop Them, Christopher J. Salemme
Brigham Young University Journal of Public Law

Who Decides? The Title IX Religious Exemption and Administrative Authority, Elise S. Faust
BYU Law Review

To Solve It Aright: Rerum Novarum and New Jersey's Answer to Catholic Bishop of Chicago, Daniel T. Paxton
Brigham Young University Education and Law Journal

Avoiding Deliberation: Why the "Safe Space" Campus Cannot Comport with Deliberative Democracy, Nicholas A. Schroeder
Brigham Young University Education and Law Journal

Regaining Trust in Nonprofilt Charter Schools: Toward Benefit Corporation Branding for For-Profit Education Management Organizations, James Eastman
Brigham Young University Education and Law Journal

Rethinking Religious Exemptions from Title IX After Obergefell, Cara Duchene
Brigham Young University Education and Law Journal

Functional Behavioral Assessments and Behavioral Intervention Plans: Review of the Law and Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani
Brigham Young University Education and Law Journal

Addressing Conflicts of Interest in the Context of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh
Brigham Young University Education and Law Journal

Safe at Home: Establishing a Fundamental Right to Homeschooling, Billy Gage Raley
Brigham Young University Education and Law Journal

Dangerous Classroom "App"-titude: Protecting Student Privacy from Third-Party Educational Service Providers, Alexis M. Peddy
Brigham Young University Education and Law Journal

Burning Out: the Effect of Burnout on Special Education, Jordan Radford McDowell
Brigham Young University Education and Law Journal

Beacon or Bludgeon? Use of Regulatory Guidance by the Office for Civil Rights, Stephen S. Worthington
Brigham Young University Education and Law Journal

The Accreditation of Religious Law Schools in Canada and the United States, John Boersma
BYU Law Review

Eliminating Zero Tolerance Policies in Schools: Miami-Dade County Public School's approach, Jeremy Thompson
Brigham Young University Education and Law Journal

Student-on-Teacher Violence: A proposed solution, Perris E. Nelson
Brigham Young University Education and Law Journal

Making the Grade: A ground-level analysis of New York State's teacher performance review under the APPR, Sabrina R. Moldt
Brigham Young University Education and Law Journal

Off the Constitutional Map: Breaking the endless cycle of school finance litigation, Madeline Davis
Brigham Young University Education and Law Journal

Between a Tomahawk and a Hard Place: Indian mascots and the NCAA, Stephanie Jade Bollinger
Brigham Young University Education and Law Journal

Is it Really a Choice? How Charter Schools Without Choice May Result in Students Without a Free Appropriate Public Education, Erin Hankins Diaz J.D., M.E.
Brigham Young University Education and Law Journal

Zero Tolerance, Threats of Harm, and the Imaginary Gun: "Good Intentions Run Amuck", Todd A. DeMitchell Ed.D, M.A., M.A.T., Elyse Hambacher Ph.D., M.A.
Brigham Young University Education and Law Journal

The Key to Equality: Why We Must Prioritize Summer Learning to Narrow the Socioeconomic Achievement Gap, Simon Leefatt
Brigham Young University Education and Law Journal

For-Profit Schools: A History of Abuse and the Need for Reform, Stephanie N. Morse
Brigham Young University Education and Law Journal

Not All Non-Discrimination Policies are Created Equal: Analyzing Public Universities' Attempts to Regulate Membership Requirements of Officially Recognized Student Organizations, James Heilpern
Brigham Young University Education and Law Journal

Arming the Good Guys: School Zones and the Second Amendment, Grant Arnold
Brigham Young University Education and Law Journal

Mergens v. Westside Community Schools at Twenty-Five and Christian Legal Society v. Martinez: From Live and Let Live to My Way or the Highway?, Charles J. Russo
Brigham Young University Education and Law Journal

Is a Paid IDEA Tuition Reimbursement Case Moot? The Intersection of Pendency, Tuition Reimbursement, and Mootness, Daniel W. Morton-Bentley
Brigham Young University Education and Law Journal

Higher Education Governance: Proposals for Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri
Brigham Young University Education and Law Journal

Prohibition of Indoctrination in Education — A Look at the Cse Law of the European Court of Human Rights, Fernando Méndez Powell
Brigham Young University Education and Law Journal

A Need for Reform — In the Wake of the Penn State Scandal: In Higher Education and K–12 Schools, Victoria Carlton
Brigham Young University Education and Law Journal

Freedom of Speech in Schools and the Right to Participation: When the First Amendment Encounters the Convention on the Rights of the Child, Lotem Perry-Hazan
Brigham Young University Education and Law Journal

Restructuring the Modern Education System in the United States: A Look at the Value of Compulsory Education Laws, Chelsea Lauren Chicosky
Brigham Young University Education and Law Journal

Indian Education: Maintaining Tribal Sovereignty Through Native American Culture and Language Preservation, Nizhone Meza
Brigham Young University Education and Law Journal

Unpaid Internships: Free Labor or Valuable Learning Experience, Robert J. Tepper, Matthew P. Holt
Brigham Young University Education and Law Journal

School Funding: Inequality in District Funding and the Disparate Impact on Urban Migrant School Children, Rachel R. Ostrander
Brigham Young University Education and Law Journal

Corporate-School Partnerships and Neoliberal Influences on Students as Future Participants in the Labor Market, Adriane Kayoko Peralta
Brigham Young University Education and Law Journal

Balancing Prevention and Liability: The Use of Waiver to Limit University Liability for Student Suicide, Brittney Kern
Brigham Young University Education and Law Journal

Special Education Due Process Hearing Requests Under IDEA: A Hearing Should Not Always Be Required, Timothy E. Gilsbach
Brigham Young University Education and Law Journal

Church-State Entanglement at Religiously Affiliated Charter Schools, Janet R. Decker, Kari A. Carr
Brigham Young University Education and Law Journal

The Misapplication of Garcetti in Higher Education, Matthew Jay Hertzog
Brigham Young University Education and Law Journal

Bullying Issues Impacting Students with Disabilities: Highlights of Section 1983, Title IX, Section 504, ADA, and IDEA Cases, Cynthia A. Dieterich, Nicole DiRadio Snyder, Christine Villani
Brigham Young University Education and Law Journal

Think of the Children: How the Role of Students in the Classroom Informs Future Applications of Garcetti v. Ceballos in Academic Contexts, Aaron Worthen
BYU Law Review

In the Weeds with Thomas: Morse, in loco parentis, Corporal Punishment, and the Narrowest View of Student Speech Rights, William C. Nevin
Brigham Young University Education and Law Journal

Executive Action in the Face of Congressional Inaction: Education Waivers Circumventing the Legislative Process, Courtney K. Morgan
Brigham Young University Education and Law Journal

The Dangers of Overbroad Transgender Legislation, Case Law, and Policy in Education: California's AB 1266 Dismisses Concerns about Student Safety and Privacy, Tyler Brown
Brigham Young University Education and Law Journal

Reforming the "Business" of Charter Schools in Pennsylvania, Patrick J. Gallo Jr.
Brigham Young University Education and Law Journal

New Jersey's Opportunity Scholarship Act: A Step in the Right Direction, Joseph W. Catuzzi
Brigham Young University Education and Law Journal

Fixing Alabama's Public School Enrollment Requirements in H.B. 56: Eliminating Obstacles to an Education for Unauthorized Immigrant Children, Sean Mussey
Brigham Young University Education and Law Journal

A Struggle of Foreign Policy, State Power, and Academic Freedom: Faculty Senate of Florida International University v. Florida, Joy Blanchard
Brigham Young University Education and Law Journal

Reducing Truancy in Indiana: A Balanced Approach, Andrew E. Skinner
Brigham Young University Education and Law Journal

Reversing the Tide: Restoring First Amendment Ideals in America's Schools through Legislative Protections for Journalism Students and Advisors, Christine Snyder
Brigham Young University Education and Law Journal

Transitioning Students with Disabilities into Higher Education, Christos Kelepouris
Brigham Young University Education and Law Journal

Off-Campus Cyberbullying: First Amendment Problems, Parameters, and Proposal, David R. Hostetler
Brigham Young University Education and Law Journal

School Discipline and the Fundamental Right to Education: the Constitutional Inadequacies of Wisconsin's Expulsion Laws, Maria M. Lewis
Brigham Young University Education and Law Journal

Rethinking Educational Malpractice: Are Educators Rock Stars?, Stijepko Tokic
Brigham Young University Education and Law Journal

A Trade-off that Becomes a Rip-off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart
BYU Law Review

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
BYU Law Review

The Ten-Month School Year: Are We Ignoring Educational Research in Order to Preserve Summer Vacation? Finding a Compromise Between Educational Advancement and Over-Schooling, Mary Therese O'Sullivan
Brigham Young University Education and Law Journal

Pulling Back the Curtains: Undetected Child Abuse and the Need for Increased Regulation of Home Schools in Missouri, Tyler Barnett
Brigham Young University Education and Law Journal

BAMN! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde
Brigham Young University Education and Law Journal

A Survey of Recent Employment Disputes of Educators Engaged in Serving English Language Learners, Scott Ellis Ferrin
Brigham Young University Education and Law Journal

Defamation is More than Just a Tort: a New Constitutional Standard for Internet Student Speech, Reesa Miles
Brigham Young University Education and Law Journal

Perspectives on Fisher v. University of Texas and the Strict Scrutiny Standard in the University Admissions Context, Michael Poreda
Brigham Young University Education and Law Journal

Educational Federalism: A New Case for Reduced Federal Involvement in K-12 Education, Aaron Lawson
Brigham Young University Education and Law Journal

To Prevent and to Protect: The Reporting of Child Abuse by Educators, Jon M. Hogelin
Brigham Young University Education and Law Journal

Making Enemies out of Educators: The Legal and Social Consequences of Disclosing New York City Teacher Data Reports, Frank G. Barile
Brigham Young University Education and Law Journal

Monopoly—University Edition: The Case for Student Housing Independence, Jeremy Rovinsky J.D.
Brigham Young University Education and Law Journal

Not LOL: Legal Issues Encountered During One High School's Response to Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.
Brigham Young University Education and Law Journal

The Illinois DREAM Act: A Constitutional Nightmare, William Wojnarowski
Brigham Young University Education and Law Journal

The "Race to the Top" and the Inevitable Fall to the Bottom: How the Principles of the "Campaign for Fiscal Equity" and Economic Integration Can Help Close the Achievement Gap, Cassandra Abbott
Brigham Young University Education and Law Journal

Judicial Clarity: Giving Teeth to the Application of Federal Disability Laws in Charter Schools, Sarah Wieselthier Esq.
Brigham Young University Education and Law Journal

Defending the Preponderance of the Evidence Standard in College Adjudications of Sexual Assault, Amy Chmielewski
Brigham Young University Education and Law Journal

Applying the "Paradox" Theory: a Law and Policy Analysis of Collective Bargaining Rights and Teacher Evaluation Reform from Selected States, Mark Paige J.D., Ph.D.
Brigham Young University Education and Law Journal

Religious Education in the United States, Elizabeth Clark
Faculty Scholarship

Religious Education in the United States, Elizabeth A. Clark
Elizabeth A. Clark

Morse v. Frederick: Tinkering with School Speech: Can Five Years of Inconsistent Interpretation Yield a Hybrid Content—Effects-Based Approach to School Speech as a Tool for the Prevention of School Violence?, Ronald C. Schoedel III
BYU Law Review

Taxing and Tuition: A Legislative Solution to Growing Endowments and the Rising Costs of a College Degree, Matt Willie
BYU Law Review

New Jersey's Anti-Bullying Fix: A Solution or the Creation of an Even Greater First Amendment Problem?, Lindsay Nash
BYU Law Review

Uneven “Neutrality”: Dual Standards and the Establishment Clause in Johnson v. Poway, Eric Jeppsen
BYU Law Review

An Increased Role for the Department of Education in Addressing Federalism Concerns, Benton Martin
Brigham Young University Education and Law Journal

Grey Areas in the Higher Education Sector: Legality versus Corruptibility, Ararat L. Osipian
Brigham Young University Education and Law Journal

The Legal and Policy Implication of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, Joseph Oluwole
Brigham Young University Education and Law Journal

Keeping Score: How Universities Can Comply with Title IX without Eliminating Men's Collegiate Athletics Programs, Patrick J. McAndrews
Brigham Young University Education and Law Journal

Public Education and Student Privacy: Application of the Fourth Amendment to Dormitories at Public Colleges and Universities, Bryan R. Lemons
Brigham Young University Education and Law Journal

Can Students be Disciplined for Off-campus Cyberspeech?: The Reach of the First Amendment in the Age of Technology, Allan G. Osborne Jr., Charles J. Russo
Brigham Young University Education and Law Journal

Getting Parents Involved in Racially Integrated Schools, Cara Sandberg
Brigham Young University Education and Law Journal

Drawing the Lines: Pushing Past Arlington Heights and Parents Involved in School Attendance Zone Cases, Rebecca M. Abel
Brigham Young University Education and Law Journal

Teacher Effectiveness and Value-Added Modeling: Building a Pathway to Educational Malpractice?, Todd A. DeMitchell, Terri A. DeMitchell, Douglas Gagnon
Brigham Young University Education and Law Journal

The Taxman on Campus: How Aggressive IRS Initiatives are Increasing Audit and Compliance Risk for Colleges and Universities, William A. Bailey
Brigham Young University Education and Law Journal

Disciplining Students with Disabilities: A Comparative Analysis of K-12 and Higher Education, Joseph T. DiMaria
Brigham Young University Education and Law Journal

Diminished Rights of Parents to Seek Reimbursement Under the IDEA for Unilateral Placement of Their Children in Private Schools, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Letting the Legislature Decide: Why the Court's Use of In Loco Parentis Ought to Be Praised, Not Condemned, Tyler Stoehr
BYU Law Review

Student Loans in Bankruptcy and the "Undue Hardship" Exception: Who Should Foot the Bill?, Kyle L. Grant
BYU Law Review

Tinker at a Breaking Point: Why the Specter of Cyberbullying Cannot Excuse Impermissible Public School Regulation of Off-Campus Student Speech, Allison Belnap
BYU Law Review

Stripped of Meaning: The Supreme court and the Government as Educator, Justin R. Chapa
Brigham Young University Education and Law Journal

The Forgotten Students: The Implications of Federal Homeless Education Policy for Children in Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley
Brigham Young University Education and Law Journal

Psychology and Law in the Classroom: How the Use of Clinical Fads in the Classroom may Awaken the Educational Malpractice Claim, Brian J. Gorman, Catherine J. Wynne, Christopher J. Morse, James T. Todd
Brigham Young University Education and Law Journal

Contracts, Control and Charter Schools: The Success of Charter Schools Depends on Stronger Nonprofit Board Oversight to Preserve Independence and Prevent Domination by For-Profit Management Companies, Julia L. Davis
Brigham Young University Education and Law Journal

School Response to Cyberbullying and Sexting: The Legal Challenges, Nancy Willard
Brigham Young University Education and Law Journal

Helping Students Who Can't Help Themselves: Special Education and the Deliberate Indifference Standard for Title IX Peer Sexual Harassment, Annette Thacker
Brigham Young University Education and Law Journal

New Jersey v. T.L.O.: School Searches and the Applicability of the Exclusionary Rule in Juvenile Delinquency and Criminal Proceedings, Bryan Stoddard
Brigham Young University Education and Law Journal

Teacher Facebook Speech: Protected or Not?, Rachel A. Miller
Brigham Young University Education and Law Journal

The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence, Lynn D. Wardle
Brigham Young University Education and Law Journal

Underneath the Radar: The Impact of Same-Sex Sexuality and Secularism on Education in South Africa, Marius H. Smit
Brigham Young University Education and Law Journal

Respect for Me But Not for Thee: Reflections on the Impact of Same-Sex Marriage on Education, Charles J. Russo
Brigham Young University Education and Law Journal

Same-Sex Marriage and the Public School Curriculum: Can Parents Opt Their Children Out of Curricular Discussions about Sexual Orientation and Same-Sex Marriage?, Kevin Rogers, Richard Fossey
Brigham Young University Education and Law Journal

Examining Context in the Conflict over Same-Sex Marriage and Education: The Relevance of Substance, Process and the People Involved, Richard Peterson
Brigham Young University Education and Law Journal

Same-Sex Marriage, Education, and Parental Rights, Richard S. Myers
Brigham Young University Education and Law Journal

Recognition of Same-Sex Marriage and Public Schools: Implications, Challenges, and Opportunities, Allison Fetter-Harrott
Brigham Young University Education and Law Journal

Same-Sex Marriage and the Schools: Potential Impact on Children via Sexuality Education, A. Dean Byrd
Brigham Young University Education and Law Journal

The Heart of the Constitutional Enterprise: Affirming Equality and Freedom in Public Education, William E. Thro
Brigham Young University Education and Law Journal

Parents, Religious Convictions, and Public School Curricula, Mark Strasser
Brigham Young University Education and Law Journal

Same-Sex Marriage and Education: Implications for Schools, Students, and Parents, E. Vance Randall
Brigham Young University Education and Law Journal

Educational Justice and the Recognition of Marriage, Scott FitzGibbon
Brigham Young University Education and Law Journal

Rights, Religion, Regard, Contact: The Common School Ideal, a Nurturing, Safe and Effective Educational Environment for All Students, Scott Ellis Ferrin
Brigham Young University Education and Law Journal

Safford Unified School District #1 v. Redding: Why Qualified Immunity Is a poor Fit in Fourth Amendment School Search Cases, Eric W. Clarke
Brigham Young University Journal of Public Law

Selman and Kitzmiller and the Imposition of Darwinian Orthodoxy, Robert J. D'Agostino
Brigham Young University Education and Law Journal

PIAC (Pee in a Cup) – The New Standardized Test for Student-Athletes, Sara Young
Brigham Young University Education and Law Journal

Access Granted: The Winkelman Case Ushers in a New Era in Parental Advocacy, Laura McNeal
Brigham Young University Education and Law Journal

Conflict on the United States Supreme Court: Judicial Confusion and Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden
Brigham Young University Education and Law Journal

To Speak or Not to Speak: Theoretical Difficulties of Analyzing Compelled Speech Claims under a Restricted Speech Standard, Brandon C. Pond
Brigham Young University Education and Law Journal

Outside the Lines: The Case for Socioeconomic Integration in Urban School Districts, Taryn Williams
Brigham Young University Education and Law Journal

Adopted Speech: Summum's Implications on Government-Sponsored, Student Speech, Landon Wade Magnusson
Brigham Young University Education and Law Journal

Standard of Care for Students with Disabilities: The Intersection of Liability Under the IDEA and Tort Theories, Ralph D. Mawdsley J.D., Ph.D.
Brigham Young University Education and Law Journal

Unchartered Territory: Market Competition's Constitutional Collision with Entrepreneurial Sex-Segregated Charter Schools, David Groshoff
Brigham Young University Education and Law Journal

The State Constitutionality of Voucher Programs: Religion is Not the Sole Determinant, Preston C. Green III, Peter L. Moran
Brigham Young University Education and Law Journal

In-State Tuition and Illegal Immigrants: An Analysis of Martinez v. Regents of the University of California, Kyle William Colvin
Brigham Young University Education and Law Journal

Unchartered Territory: The Current Legal Landscape of Public Cyber Charter Schools, Kevin P. Brady Ph.D, Regina R. Umstead J.D., Ph.D, Suzanne E. Eckes J.D., Ph.D.
Brigham Young University Education and Law Journal

A Teacher's Right to Remain Silent: Reasonable Accommodation of Negative Speech Rights in the Classroom , Matthew Baker
BYU Law Review

Cooperative Federalism Post-Schaffer: The Burden of Proof and Preemption in Special Education, Lara Gelbwasser Freed
Brigham Young University Education and Law Journal

By Reason Thereof: Causation and Eligibility Under the Individuals with Disabilites Education Act, Katherine May
Brigham Young University Education and Law Journal

Student Speech in Public Schools: A Comprehensive Analytical Framework Based on the Role of Public Schools in Democratic Education, Curtis G. Bentley
Brigham Young University Education and Law Journal

Morals Clauses for Educators in Secondary and Postsecondary Schools: Legal Applications and Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, Gwendolyn Mcfadden-Wade
Brigham Young University Education and Law Journal

Incorporating Fourth Amendment Standards in a Model Policy for School Officials Use of Force to Restrain & Detain Students, Sean Croston
Brigham Young University Education and Law Journal

The Rights of Parentally-Placed Private School Students Under the Individuals with Disabilities Education Improvement Act of 2004 and the Need for Legislative Reform, Lewis M. Wasserman
Brigham Young University Education and Law Journal

Parental Rights and the State Regulation of Religious Schools, Matthew Steilen
Brigham Young University Education and Law Journal

Affirmative Action Gone Haywire: Why State Laws Granting College Tuition Prefernces to Illegal Aliens Are Preempted by Federal Law, Ralph W. Kasarda
Brigham Young University Education and Law Journal

Desegregating Resegregation Efforts: Providing All Students Opportunities to Excel in Advanced Mathematics Courses, Spencer C. Weiler, Susan Walker
Brigham Young University Education and Law Journal

Nervous Laughter and the High Cost of Equality: Renewing "No Child Left Behind" Will Safeguard a Vibrant Federalism and a Path Toward Educational Excellence, Anthony Consiglio
Brigham Young University Education and Law Journal

Constitutionality of Home Education: How the Supreme Court and American History Endorse Parental Choice, Chad Olsen
Brigham Young University Education and Law Journal

Religious Symbols in the Classroom: A Controversial Issue in the United Kingdom, Javier Garcia Oliva
BYU Law Review

Introduction to Symposium: Educational Choice: Emerging Legal and Policy Issues, David M. Kirkham
BYU Law Review

The Civic Side of School Choice: An Empirical Analysis of Civic Education in Public and Private Schools, David E. Campbell
BYU Law Review

School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities, Paul Finkelman
BYU Law Review

The Effects of Vouchers and Private Schools in Improving Academic Achievement: A Critique of Advocacy Research, Christopher Lubienski, Peter Weitzel
BYU Law Review

School Voucher Programs: What the Research Says About Parental School Choice, Patrick J. Wolf
BYU Law Review

Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice, Daniel E. Witte, Paul T. Mero
BYU Law Review

State Constitutionality and Adequacy: Signposts of Concern on Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam
BYU Law Review

The Constitutional Parameters of School Choice, Clint Bolick
BYU Law Review

The Insignificance of the Blaine Amendment, Steven K. Green
BYU Law Review

Welcoming Remarks, Governor Olene S. Walker
BYU Law Review

Beyond the Free Market: The Structure of School Choice, Terry M. Moe
BYU Law Review

Morality and Public School Speech: Balancing the Rights of Students, Parents, and Communities, Peter J. Jenkins
BYU Law Review

Changing Perceptions of Private Religious Schools: Public Money and Public Trust in the Education of Children, William W. Bassett
BYU Law Review

Finding a Silver Lining: The Positive Impact of Looking Beyond Race Amidst the Negative Effects of Proposition 209, Ian Wang
Brigham Young University Education and Law Journal

The Court's Missed Opportunity in Harper v. Poway, Andrew Canter, Gabriel Pardo
Brigham Young University Education and Law Journal

Student Speech: School Boards, Gay/Straight Alliances, and the Equal Access Act, Todd A. DeMitchell, Richard Fossey
Brigham Young University Education and Law Journal

On Student Rights in the Year of Brown: A Legal, Psychological, and Policy Analysis, A. J. Angulo, Carol Marchel
Brigham Young University Education and Law Journal

The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle over the Meaning of the Establishment Clause of the First Amendment, Brian Wheeler
Brigham Young University Education and Law Journal

Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha McCarthy
Brigham Young University Education and Law Journal

Student Drug Testing: The Blinding Appeal of In Loco Parentis and the Importance of State Protection of Student Privacy, Tony LaCroix
Brigham Young University Education and Law Journal

Must Utah Imprison its Parents and Children?: Alternatives to Utah's Compulsorty Attendance Laws, Gilbert Bradshaw
Brigham Young University Journal of Public Law

Part Time Soldiers: Deploying Adjunct Faculty in the War Against Student Plagiarism, Kenneth H. Ryesky
Brigham Young University Education and Law Journal

Academic Freedom and the Public School Teacher: An Exploratory Study of Perceptions, Policy, and the Law, Todd A. DeMitchell, Vincent J. Connelly
Brigham Young University Education and Law Journal

Re-imagining Public Enforcement of Title IX, Julie A. Davies, Lisa M. Bohon
Brigham Young University Education and Law Journal

Preaching from the State's Podium: What Speech is Proselytizing Prohibited by the Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law

A Preference for Equality: Seeking the Benefits of Diversity Outside the Educational Context, David A. Harvey
Brigham Young University Journal of Public Law

The Bronx Household of Faith: Looking at the Unanswered Questions, Kevin Fiet
Brigham Young University Education and Law Journal

The IDEIA and the Right to an "Appropriate" Education, Andrea Blau
Brigham Young University Education and Law Journal

A Re-Analysis of the Legal, Political, and Social Landscape of Desegregation from Plessy v. Ferguson to Parents Involved in Community Schools v. Seattle School District No. 1, Stephen J. Caldas, Carl L. Bankston III
Brigham Young University Education and Law Journal

Determining Adequacy: How Courts Are Redefining State Responsibility for Educational Finance, Goals, and Accountability, Regina R. Umpstead
Brigham Young University Education and Law Journal

Students' Fourth Amendment Rights and the Federal Judgeship: Examining the Link Between Political Appointments and Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich
Brigham Young University Education and Law Journal

School Speech v. School Safety: In the Aftermath of Violence on School Campuses Throughout This Nation, How Should School Officials Respond to Threatening Student Expression?, Richard V. Blystone
Brigham Young University Education and Law Journal

Student Rights: From In Loco Parentis to Sine Parentibus and Back Again? Understanding the Family Educational Rights and Privacy Act in Higher Education, Britton White
Brigham Young University Education and Law Journal

The High School Attainment Credit: A Tax Credit Encouraging Parents to Help Motivate Students to Graduate from High School, David Hansen
Brigham Young University Education and Law Journal

Proceed at Your Own Risk: The Balance between Academic Freedom and Sexual Harassment, John E. Matejkovic, David A. Redle
Brigham Young University Education and Law Journal

Evading the No Child Left Behing Act: State Strategies and Federal Complicity, Evan Stephenson
Brigham Young University Education and Law Journal

The Supreme Court and Affirmative Action in Public Education, with Special Reference to the Michigan Cases, Philip C. Aka
Brigham Young University Education and Law Journal

Making Sense of the Inclusion Debate Under IDEA, Stacey Gordon
Brigham Young University Education and Law Journal

Cheater's Proof: Excessive Judicial Deference toward Educational Testing Agencies May Leave Accused Examinees No Remedy to Clear Their Names, Aron E. Goldschneider
Brigham Young University Education and Law Journal

Regular Education Teachers Formulating Special education Plans: M.L. v. Federal Way School District and the IDEA, Christine Farnsworth
Brigham Young University Education and Law Journal

Implementing the USA Patriot Act: A Case Study of the Student and Exchange Visitor Information System (SEVIS), Kam C. Wong
Brigham Young University Education and Law Journal

No Educator Left Unscathed: How No Child Left Behind Threatens Educators' Careers, Timothy P. Crisafulli
Brigham Young University Education and Law Journal

Dean v. Utica Community Schools: An Arrow Through the Heart of School Administrative Control Over Student Expression in School Newspapers, Charles B. Upton II
Brigham Young University Education and Law Journal

Charter School Accountability: Legal Considerations Concerning Nonrenewal and Revocation Procedures, Suzanne E. Eckes, Jonathan A. Plucker, Sarah A. Benton
Brigham Young University Education and Law Journal

Constitutionality of Testing High School Male Athletes for Steroids Under Vernonia School District v. Acton and Board of Education v. Earls, Thomas Proctor
BYU Law Review

Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction and the Search for Warning Signs in a Post-Columbine/Red Lake Environment, Richard Salgado
BYU Law Review

Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper
Brigham Young University Journal of Public Law

An Analytic Framework for Understanding and Evaluating the Fiduciary Duties of Educators, Brett G. Scharffs, John W. Welch
Legal Worlds: Ancient and Modern, Sacred and Secular

DeRolph v. State and Ohio's Long Road to an Adequate Education, Larry J. Obhof
Brigham Young University Education and Law Journal

Parental Rights Movement on Utah's Capitol Hill Should Not Make Gains at the Expense of the State's Children, David B. Dibble
Brigham Young University Education and Law Journal

Brown v. Board of Education and the No Child Left Behind Act: Competing Ideologies, Dana J. Nichols
Brigham Young University Education and Law Journal

Diversity in Higher Education: The Consideration of Race in Hiring University Faculty, Suzanne E. Eckes
Brigham Young University Education and Law Journal

Freedom of the Press: How University Newspapers Have Fared in the Face of Challenges From Students, Administrators, Advertisers, and State Legislatures, Lisa Bohman
Brigham Young University Education and Law Journal

Confusing Means with Ends: How the Ninth Circuit Continues the Tradition of Mistaking Diversity as an End in Parents Involved in Community Schools v. Seattle School District, No. 1, Maria Funk Miles
Brigham Young University Education and Law Journal

An Analytic Framework for Understanding and Evaluating the Fiduciary Duties of Educators, Brett G. Scharffs, John W. Welch
Brigham Young University Education and Law Journal

Pieces of PICO: Saving Intellectual Freedom in the Public School Library, Richard J. Peltz
Brigham Young University Education and Law Journal

Should Public Education be a Federal Fundamental Right?, Brooke Wilkins
Brigham Young University Education and Law Journal

After Grutter v. Bollinger Higher Education Must Keep Its Eyes on the Tainted Diversity Prize Legacy, L. Darnell Weeden
Brigham Young University Journal of Public Law

Finding Success in the "Cauldron of Competition:" The Effectiveness of Academic Support Programs, Leslie Yalof Garfield, Kelly Koenig Levi
Brigham Young University Education and Law Journal

The Sport of Numbers: Manipulating Title IX to Rationalize Discrimination against Women, Lisa Yonka Stevens
Brigham Young University Education and Law Journal

Affirmative Action: Challenges and Opportunities, Jeramy R. Green
Brigham Young University Education and Law Journal

High School Exit Exams Meet IDEA—An Examination of the History, Legal Ramifications, and Implications for Local School Administrators and Teachers, Jennifer R. Rowe
Brigham Young University Education and Law Journal

Trying to Push a Square Peg through a Round Hole: Why the Higher Education Style of Strict Scrutiny Review Does Not Fit When Courts Consider K-12 Admissions Programs, James Nial Robinson II
Brigham Young University Education and Law Journal

How Educators Can More Effectively Understand and Combat the Plagiarism Epidemic, David A. Thomas
Brigham Young University Education and Law Journal

A Desperate Grab for Free Rehab: Unilateral Placements under IDEA for Students with Drug and Alcohol Addictions, David S. Doty
Brigham Young University Education and Law Journal

Discipline: An Academic Dean's Perspective on Dealing with Plagiarism, Kevin J. Worthen
Brigham Young University Education and Law Journal

Universal Preschool: A Solution to a Special Education Law Dilemma, Alefia E. Mithaiwala
Brigham Young University Education and Law Journal

Establishing a Culture of Compliance: Applying Corporate Compliance Principles to a Unversity Setting, J. Derek Kearl
Brigham Young University Education and Law Journal

Make an Investment in our School Children: Increase the Nutritional Value of School Lunch Programs, Clint G. Salisbury
Brigham Young University Education and Law Journal

Access to Public School Facilities for Religious Expression by Students, Student Groups and Community Organizations: Extending the Reach of the Free Speech Clause, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Across Four Aprils: School Finance Litigation in Virginia, Ashley McDonald Delja
Brigham Young University Education and Law Journal

Protecting Access to Extracurricular Activites: The Need to Recognize a Fundamental Right to a Minimally Adequate Education, Nicholas A. Palumbo
Brigham Young University Education and Law Journal

The Supreme Court and Pledge of Allegiance: Does God Still Have a Place in American Schools?, Charles J. Russo
Brigham Young University Education and Law Journal

Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees After the Prison Litigation Reform Act and Freeman-Dowell, Shima Baradaran-Robison
BYU Law Review

Religious Music in the Public Schools: A Guide for School Districts, Brian A. Whitaker
Brigham Young University Education and Law Journal

Gangs in Public Schools: A Survey of State Legislation, Jesse Christopher Cheng
Brigham Young University Education and Law Journal

Making a Case for a Age-Sensitive Establishment Clause Test, Chelsea Chaffee
Brigham Young University Education and Law Journal

Back to Bakke: Affirmative Action Revisited in Educational Diversity, Dawn R. Swink
Brigham Young University Education and Law Journal

The Changing Face of Parents' Rights, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Legal Reform in an Electronic Age: Analysis and Critique of the Construction and Operation of S. 487, The Technology, Education and Copyright Harmonization (TEACH) Act of 2001, Tomas A. Lipinski
Brigham Young University Education and Law Journal

Denying Special Education in Adult Correctional Facilities: A Brief Critique of Tunstall v. Bergeson, Thomas A. Mayes
Brigham Young University Education and Law Journal

The Law of Home Schooling in Australia, Katherine Lindsay
Brigham Young University Education and Law Journal

Truth-Telling, Incommensurability, and the Ethics of Grading, Gary Chartier
Brigham Young University Education and Law Journal

Students Have Rights, Too: The Drafting of Student Conduct Codes, Jason J. Bach
Brigham Young University Education and Law Journal

Threats Made, Threats Posed School and Judicial Analysis in Need of Redirection, Sarah E. Redfield
Brigham Young University Education and Law Journal

PDA, FMLA, and Beyond: A Brief Look at Past, Present, and Future Sex Discrimination Laws and Their Effects on the Teaching Profession, Sean Stewart
Brigham Young University Education and Law Journal

What Foreign Students Fear: Homeland Security Measures and Closed Deportation Hearings, D. Ray Mantle
Brigham Young University Education and Law Journal

Education Funding and the Alabama Example: Another Player on a Crowded Field, John Herbert Roth
Brigham Young University Education and Law Journal

Buckhannon, Special Education Disputes, and Attorneys' Fees: Time for a Congressional Response Again, Stefan R. Hanson
Brigham Young University Education and Law Journal

State Regulation of Nonpublic Schools: Does the Tie Still Bind?, Eric A. DeGroff
Brigham Young University Education and Law Journal

Keep the License Agreements Coming: The Effects of J.E.M. Ag Supply, Incorporated v. Pioneer Hi-Bred International, Incorporated on Universities' Use of Intellectual Property Laws to Protect Their Plant Genetic Research, Timothy P. Daniels
Brigham Young University Education and Law Journal

Random Drug Testing for Extracurricular Activites: Has the Supreme Court Opened Pandora's Box for Public Schools?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Statutes and Standards: Has the Door to Educational Malpractive Been Opened?, Todd A. DeMitchell, Terri A. DeMitchell
Brigham Young University Education and Law Journal

High Stakes Testing Law and Litigation, Paul T. O'Neill
Brigham Young University Education and Law Journal

Reexamining Rowley: A New Focus in Special Education Law, Scott F. Johnson
Brigham Young University Education and Law Journal

Policy Responses to Violence in Our Schools: An Exploration of Security as a Fundamental Value, Todd A. DeMitchell, Casey D. Cobb
Brigham Young University Education and Law Journal

Despite a Recent Eleventh Circuit Decision, Diversity Remains a Compelling Interest in the University Admissions Process, David A. Kelly
Brigham Young University Journal of Public Law

Zero Tolerance or (In)Tolerance Policies? Weaponless School Violence, Due Process, and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District, Kevin P. Brady
Brigham Young University Education and Law Journal

Promoting Racial Equality through Equal Educational Opportunity: The Case for Progressive School-Choice, Brian P. Marron
Brigham Young University Education and Law Journal

Legal Issues in Teacher Evaluation Legislation: A Study of State Statutory Provisions, Carole A. Veir, David L. Dagley
Brigham Young University Education and Law Journal

The Duty to Protect: Blackstone's Doctrine of In Loco Parentis: A Lens for Viewing the Sexual Abuse of Students, Todd A. DeMitchell
Brigham Young University Education and Law Journal

Change and Continuity: A Historical Perspective of Campus Search and Seizure Issues, Dana E. Christman
Brigham Young University Education and Law Journal

Subverting the Academic Abstention Doctrine in Teacher Evaluation: How School Reform Legislation Defeats Itself , David L. Dagley, Carole A. Veir
Brigham Young University Education and Law Journal

Board of Trustees of the Univeristy of Alabama v. Garrett and the Equal Education Opportunity Act: Another Act Bites the Dust, Geoffrey Landward
Brigham Young University Education and Law Journal

The Fallacy behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded in a Rush to Implement High-Stakes Exams, Ryan R. West
Brigham Young University Education and Law Journal

Rights of Children: Educational and Legal Implications for Schools: An Australian Perspective, Douglas J. Stewart
Brigham Young University Education and Law Journal

Special Education Attorneys' Fees after Buckhannon Board & Care Home, Incorporated v. West Virginia Department of Health and Human Resources, Mark C. Weber
Brigham Young University Education and Law Journal

Implications of Buckhannon Board & Care Home, Incorporated v. West Virginia Department of Health and Human Resources for Due Process under the Individuals with Disabilities Education Act, Jennifer R. Rowe
Brigham Young University Education and Law Journal

Sain v. Cedar Rapids Community School District: Providing Special Protection for Student-Athletes?, Patricia Abbott
Brigham Young University Education and Law Journal

The Sixth Circuit Dropped the Ball: An Analysis of Brentwood Academy v. Tennessee Secondary School Athletic Ass'n in Light of the Supreme Court's Recent Trends in State Action Jurisprudence, Josiah N. Drew
BYU Law Review

Racial Balancing Provisions and Charter Schools: Are Charter Schools Out on a Constitutional Limb?, Preston C. Green III
Brigham Young University Education and Law Journal

Keeping Promises: An Examination of Charter Schools' Vulnerability to Claims for Educational Liability, Julie F. Mead, Preston C. Green III
Brigham Young University Education and Law Journal

Chandler v. James: A Student's Right of Prayer in Public Schools, Howard M. Baik
Brigham Young University Journal of Public Law

Guarding the Dumping Ground: Equal Protection, Title VII and Justifying the Use of Race in the Hiring of Special Educators, Patrick Linehan
Brigham Young University Education and Law Journal

The Wages of taking Bakke Seriously: Federal Judicial Oversight of the Public University Admissions Process, Martin D. Carcieri
Brigham Young University Education and Law Journal

In the Wake of Lee v. Weisman: The Future of School Graduation Prayer is Uncertain at Best, Stephen M. Durden
Brigham Young University Education and Law Journal

The Equal Access Act and Public Schools: What are the Legal Issues Related to Recognizing Gay Student Groups?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Future Incorporation of the U.N. Convention on the Rights of Children into the United States Education System: Case Study of Ohio Department of Education and Sex Education Battle, Alysson Russell
Brigham Young University Education and Law Journal

"That's Not What FERPA Says!": The Tenth Circuit Court Gives Dangerous Breadth to FERPA in its Confusing and Contradictory Falvo v. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower
Brigham Young University Education and Law Journal

School Violence: The Call for a Critical Theory of Juvenile Justice, Karen L. Michaelis
Brigham Young University Education and Law Journal

Digital Music: Educational Issues, John Faust
Brigham Young University Education and Law Journal

How Random and Suspicionless May School Searches Be?: Doubting Joy v. Penn-Harris-Madison School Corporation, Jon Eskelsen
Brigham Young University Education and Law Journal

Improving the Teachings of School Law: A Call for Dialogue, Suzanne R. Painter
Brigham Young University Education and Law Journal

Don't Rush to Abandon a Suspicion-Based Standard for Searches of Public School Students, J. Nathan Jensen
BYU Law Review

Direct Payments of State Scholarship Funds to Church-Related Colleges Offend the Constitution and Title VI, Roy Whitehead Jr., Walter Block
Brigham Young University Journal of Public Law

Who Owns Course Materials Prepared by a Teacher or Professor? The Application of Copyright Law to Teaching Materials in the Internet Age, Georgia Holmes, Daniel A. Levin
Brigham Young University Education and Law Journal

Educating our Future: An Analysis of Sex Education in the Classroom, Michael J. Fucci
Brigham Young University Education and Law Journal

Title IX and Same-gender Sexual Harassment: School District Liability for Damages, Karen Michaelis
Brigham Young University Education and Law Journal

Assessing Agostini v. Felton in Light of Lemon v. Kurtzman: The Coming of Age in the Debate Between Religious Affiliated Schools and State Aid, R. Craig Wood, Michael C. Petko
Brigham Young University Education and Law Journal

Special Education Due Process: Hearing Officer Background and Case Variable Effects on Decisions Outcomes, Geoffrey F. Schultz, Joseph R. McKinney
Brigham Young University Education and Law Journal

Legal and Ethical Issues Related to the Use of the Internet in K-12 Schools, Nancy Willard
Brigham Young University Education and Law Journal

Seeing Through A Glass Darkly: The Supreme Court's Narrowed Definition of Disability, Scott E. Ferrin
Brigham Young University Education and Law Journal

Responding to Public School Peer Sexual Harassment in the Face of Davis v. Monroe County Board of Education, Lillian Chaves
Brigham Young University Education and Law Journal

Functional Behavioral Assessment: Process Without Procedure, Cynthia A. Dieterich, Christine J. Villani
Brigham Young University Education and Law Journal

Conflict in the Classroom: Educational Institutions as Sites of Religious TolerancelIntolerance in Nigeria, Rosalind I.J. Hackett
BYU Law Review

The Aftermath of Agostini: Confusion Continues as the Modified Lemon Test is Applied in Helms v. Picard, Carlos Elizondo
Brigham Young University Journal of Public Law

Gay/Straight Alliances and Other Controversial Student Groups: A New Test for the Equal Access Act, Susan Broberg
Brigham Young University Education and Law Journal

Prayer at Public School Graduation Ceremonies: An Exercise in Futility or a Teachable Moment?, Charles J. Russo
Brigham Young University Education and Law Journal

The Development of Search and Seizure Law in Public Schools, Bill O. Heder
Brigham Young University Education and Law Journal

Law Enforcement Officers in Public Schools: Student Citizens in Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller
Brigham Young University Education and Law Journal

Equality Before the Law: An Exploration of the Pursuit of Government Funding by Muslim Schools in Britain, Marie Parker-Jenkins
Brigham Young University Education and Law Journal

Liability for Student-to-Student Sexual Harassment Under Title IX in Light of Davis v. Monroe County Board of Education, George M. Rowley
Brigham Young University Education and Law Journal