Modern people work in massive factories or offices for remotely managed corporations and need protection in their capacity as employees. Instead of locally made or distributed products, they buy mass market goods manufactured hundreds or thousands of miles away and need protection in their capacity as consumers. And as industrial production…

States have always had the ability to regulate institutions conducting instruction or other postsecondary activities in their states. In Fall 2010, a Federal regulation was first released tying institutional and student eligibility for Title IV Federal Financial aid to an institution complying with State laws. Colleges and universities were to be…

Can an academic institution be truly free if it relies on government funding? Federal dollars mean federal mandates, and those mandates grow increasingly draconian. More and more, they stifle debate on open questions, demand denial of verifiable scientific truths, eliminate due process for students accused of misdeeds by other students, or insist…

As research administrators look to define their roles as professionals, the need to address perceived administrative burden becomes a valuable next step in improving research administration. A qualitative investigation into the causes of the perceived burden identifies local variability of research administration as regulatory burden for those…

The purpose of the study is to determine the main contemporary development trends in administrative-legal relations in the field of administrative justice. In order to examine theoretical and practical issues of modern administrative justice, normative legal acts identifying the relations in the system of administrative justice in the Republic in…

This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…

The lesson described in this article includes a number of overlapping learning goals. The first goal is to develop students' understanding of the complexities associated with the legal regulation of business in the United States. This case study is an excellent means of doing so, since it involves numerous interrelated legal issues. Real-world…

What liability is associated with assuming the role of the "sponsor" in a clinical trial? This article discusses the Food and Drug Administration (FDA) regulations governing sponsorship, and how courts have interpreted those regulations in cases with a claim of injury. There is a natural concern with the responsibility implied by…

A qualitative study of twelve student conduct administrators sought to capture their lived experiences relative to the impacts of federal and state regulation, case law, the media, attorney encroachment, parental involvement, and the use of litigation to supersede traditional processes on their professional work and personal lives. The interviews…

Although many may be surprised at the growth of homeschooling during the past few decades, the real surprise is probably how that growth happened and that it continues. Home school advocates and practitioners have succeeded despite a lack of funding, recruiting efforts, publicity, and grant money from philanthropic billionaires. They have faced…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

This report describes the legal and scientific basis for an inclusive versus segregated education, summarizes national patterns for educating students with disabilities in general education classes, examines federal and state guidance, and state compliance with federal mandates, and describes effective educational practices for reducing…

This update of the legislation/regulations and case law specific to pre-K-12 gifted students since a cluster of publications in 2004-2005 primarily focuses on the "gifted alone" category, with only secondary attention to twice-exceptional and other students in the "gifted plus" category. For the gifted-alone category, the…

In 1956, southern Congressmen signed the Southern Manifesto, rejecting the Supreme Court's "Brown v. Board of Education" ruling. This moment, in the general American consciousness, marked the rise of White massive resistance to Black advancement, a racist foray doomed to be swept aside by civil rights forces and a determined federal…

Building on the premise that closing achievement gaps is an economic imperative both to regain international educational supremacy and to maintain global economic competitiveness, I ask whether it is possible to rewrite the social contract so that education is a fundamental right--a statutory guarantee--that is both uniform across states and…