In "Rules for a Flat World", Hadfield argues that although the world is becoming increasingly connected and faster paced due to leaps in technological innovation, the prevailing legal systems -- established by governments and run almost exclusively by lawyers -- have not kept pace. They are increasingly proving ill suited for and…

In today's data-sharing paradigm, personal data has become a valuable resource that intensifies the risk of unauthorized access and data breach. Increased data mining techniques used to analyze big data have posed significant risks to data security and privacy. Consequently, data breaches are a significant threat to individual privacy. Privacy is…

In December 2009, Janette Ferguson traveled to Corpus Christi, Texas, to participate in the Harbor Lights Festival boat parade. The day prior to the festival, Ferguson spent the night on her family's sailboat that was kept in a slip on the city marina's C pier. Upon waking the following morning, Ferguson walked to the marina's bathroom facility to…

Work-integrated learning (WIL) is a risky business for universities. WIL is a strategic risk worthy of pursuing by universities in the prevailing higher education environment, which is characterized by competition, changes in funding arrangements and stakeholder demand for WIL. Nevertheless the strategic opportunities that WIL presents cannot be…

The paper examines the characteristics of a mistake of the commitment of crime as an optional feature of the mental state of the crime. The analysis conducted offers an opportunity to state that in international criminal law, a mistake of law, although taken into account, does not generally affect the classification of crime. We uncovered and…

Policymakers and practitioners are increasingly guiding K-12 students into dual enrollment programs. Dual enrollment programs have aided in improving the academic, occupational, and social trajectories of minoritized students although the gains of minoritized students in dual enrollment programs often trail the gains of White students in dual…

Most educational leadership preparation programs include classes designed to provide a broad survey of legal issues in the profession. Soon after these future leaders complete course requirements, their knowledge base can be outdated. We discuss, through relevant research along with theoretical and actual case studies, contemporary legal issues…

In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act…

Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the…

The legal treatment of disability affairs carries in itself an inherent contradiction due to the nature of modern society and free-market economy. On the one hand both the historically developed notions of essentialism and on the other the particular-functional definition of manhood drawing its roots from the established democratic order and…

Academic freedom is central to ideas of higher education, yet in the United Kingdom it is facing challenges from changing managerial approaches within some universities and changing governmental expectations. Universities are increasingly expected to focus upon knowledge which can be shown to have value and to exploit the results of academic…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This article explores the legal implications for U.S. higher education administrators who make admissions decisions regarding students with disabilities. A review of federal legislation, case law, and government agency rulings pertaining to higher education admissions and students with disabilities informs administrators of current law.…