Deciphering the Supremacy of Federal Funding Conditions: Why State Open Records Law Must Yield to FERPA

The Family Educational Rights and Privacy Act (FERPA) re-quires that universities receiving federal funds through the U.S. Department of Education maintain baseline student privacy protections. Simultaneously, state open records laws require public universities, as state actors, to disclose certain types of information upon a request from the public. When both statutes apply to requested information, courts have reached opposite results as to the universities’ obligations. Some have concluded that the records must remain private because of FERPA. Others have concluded that the state open records law requires disclosure regardless, because FERPA is merely a funding condition and not a federal prohibition. This Note proposes a framework for more uniformly resolving the relationship between FERPA and state open records laws. It argues that FERPA is a valid federal conditional funding statute under the current unconstitutional conditions doctrine. As a result, the Supremacy Clause must dictate the outcome when FERPA and a state open records law conflict. Therefore, when a state open records law would require dis-closure of information protected by FERPA, FERPA must trump the contradictory state law requirements as a binding federal law

Food of Yellow Perch, White Bass, Freshwater Drum, and Channel Catfish in Sandusky Bay, Lake Erie

Author Institution: Ohio Cooperative Fishery Research Unit, The Ohio State UniversityFood of yellow perch {Perca flavescens), freshwater drum (A plodinotus grunniens), channel catfish (Ictalurus punctatus), and white bass (M or one chrysops) collected from Sandusky Bay in 1971-72 were recorded and seasonal changes noted. Perch and drum rely on aquatic insect larvae, zooplankton and fish. Catfish were omnivorous feeding on a variety of dipterans, fish and cladocerans. The white bass were generally piscivorous. Each species ate seasonally distinct food based on availability

Anatomical, developmental and physiological aspects of silica in wheat

The major aims of this thesis were to study silica deposits in cereal inflorescences and wheat roots and investigate soluble/deposited silica partitioning and uptake of silica by wheat. The morphology of a particular phytolith (the papilla) from inflorescence bracts of 70 species from Triticum (wheat). Hordeum, Aegilops families and Secale cereale was analyzed. Using papilla pit number and/or diameter it is possible to distinguish between Hordeum sp. and Triticum sp., and between wheats of different ploidy levels. The root growth of T. aestivum was reduced by silica in the nutrient solution (Si+) during the first six days of growth, compared to plants grown in solution not supplemented by silica (Si-), After a further four days Si+ plants had significantly longer roots than Si- plants. At the light microscope level, a time course for silicification of the inner tangential wall of the root endodermis of T. aestivum was elucidated over ten days. Very few walls were silicified after 24 hours exposure to Si+ solution, but by day 10 up to 80% of endodermal cells in the basal area of the root were silicified. The percentage of silicified cells increased from the apex to the base of the root. Silica in T. aestivum was measured quantitatively using a molybdate blue detection method. Typically, 99% of the total silica in the seedlings was in the deposited form. The average concentration of soluble silica within the xylem exudate was 3.6 mM. The uptake of silica was affected by the silica concentration and pH of the nutrient solution. By measuring transpirational water loss and the silica content of the plants, it was concluded that silica uptake was active in T. aestivum. Uptake mechanisms were investigated by growing seedlings in nutrient solutions containing 2 mM Si and an inhibitor for 24 hours. The inhibitors used were ATPase inhibitors ( sodium orthovanadate, diethylstilbestrol, erythrosin B) and ionophores (nigericin, FCCP). The data suggests that functional ATPases and a proton gradient are required for silica uptake. Transport into the xylem and uptake at the root surface may be differentially affected by the inhibitors

The logic of educational studies: a philosophical investigation of the literature, 1952 - 1961

The little-appreciated literature of the 1950s offers, in its 'reflexive' parts, a polarized discussion of Education. Two groups of contributors hold implicit philosophical positions, clarified by the slogan-terms 'rigour' and 'relevance'. In the first half-decade, each of the conventional 'fields' of educational study - historical, psychological, philosophical, social and pedagogical - witnessed growing disagreement between specialists and generalists in teacher training. The former aimed at establishing their subjects as academically respectable branches of 'pure' descriptive disciplines taught in non-vocational university departments. The latter emphasized the prescriptive nature of educational theory, which relates many kinds of knowledge to various levels of eductional activity - particularly as curriculum theory and theory of teaching. The motives for specialization were partly non-intellectual or 'political', whereas the 'logic' of generalism was intellectually warranted in philosophy, traditionally conceived as not excluding normative and speculative elements in favour of analysis. In each 'field'-context this 'hidden' philosophical controversy presented a variation on the fundamental issue of thought-in-relation-to-action. During the second half-decade, the differentiated 'four disciplines' approach gathered the momentum which led to its institutional success in the 1960s - particularly through the activities of self-confident analytical philosophers and empirical sociologists of education. Nevertheless, generalists continued to defend 'integrated' theorizing. An awareness of the powerful American philosophical literature would have strengthened their 'intuitive' position against charges of amateurism by showing that 'rigour' takes many forms. In 'pure' psychology, behaviourism emphasized technology, humanism focussed on the 'person' and technical philosophers maintained their claim on 'mind'. A demand then emerged for an autonomous educational psychology, based on classroom learning rather than extrapolations from orthodox research. In history, there was much conventional substantive writing, but little reflexive comment. The logic concealed in the works of this significant decade is not inferior to that in the vast literature produced since 1961, much of which is derivative and so obscures the basic philosophical problem of relating knowing to doing in education

The bearing of modern analytical philosophy on educational theory

A critical exploration of the literature from 1942 to1965 reveals the nature of the 'bearing' in question. In the pioneering work of C.D. Hardie, in the present sustained contribution to educational thinking of many philosophers and in the writings which steadily accumulated during the years between, there is ample evidence that the main division within pure analytical philosophy is reflected in the applied field. The rival 'positivistic' and 'linguistic' approaches are clearly discernible in each of the broad areas of interest which have emerged during this short period. In ethics, the early 'positivistic' position persists in the form of arguments for ultimately irreducible moral differences; but it is opposed by the majority view of the most influential group of educational philosophers, a 'linguistic' view best expressed by R.S. Peters. A similar opposition is seen in the related literature on the teaching of morality. Current examinations of the characteristics of educational discourse show these opposed emphases. The largely ‘linguistic’ elucidation of the role of definitions and other language elements given by I. Scheffler is criticized from a scientifically-orientated 'positivistic' standpoint in very recent contributions, particularly in those of G.R. Eastwood. A central issue, that of the nature of educational theory, is similarly debated by representatives from each of the branches of analytical philosophy. The 'linguistic' P.H. Hirst argues that educational theory is a complex 'field' and not a distinct 'form' of knowledge as a counter to the simpler 'means-ends' interpretation developed by such 'positivists' as D.J. O'Connor. The resolution of this conflict in analytical philosophy of education must await a settling of the basic issue in the pure philosophy from which the new discipline is derived. There are signs that a solution of the problem can be expected which will show that the two analytical approaches are in fact complementary and not contradictory