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Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries Jul 2006

Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

In federalist parlance, the states often are called laboratories of democracy. Nowhere is this truer than in the field of education, and almost no subset of the education field lends itself to this label more than education finance. Since 1973, with very few notable exceptions, the entire development of the practice of education finance has proceeded through state-specific reforms. These reforms have occurred mostly through legislative policymaking, but the courts have played an important role in directing that policy development.

If one were to seek to observe one of these laboratories in action—to witness the interaction of the courts, the …


Reflections On The New Individuals With Disabilities Education Improvement Act, Mark Weber Jun 2006

Reflections On The New Individuals With Disabilities Education Improvement Act, Mark Weber

College of Law Faculty

The new Individuals with Disabilities Education Improvement Act leaves the basics of federal special education law intact, but makes important changes along the periphery. Special education is now much more closely aligned with the No Child Left Behind initiative. The new law allocates funds for the education of children not yet found eligible for special education and pushes school districts to provide services to special education-eligible children in religious and other private schools. It changes eligibility determination rules for children with learning disabilities. It alters dispute resolution procedures. Finally, it makes disciplinary procedures somewhat harsher for children with disabilities, while …


Is There A Bias Against Education In The Jury Selection Process?, Hillel Y. Levin, John W. Emerson Feb 2006

Is There A Bias Against Education In The Jury Selection Process?, Hillel Y. Levin, John W. Emerson

Scholarly Works

Herbert Spencer famously said that a jury is “a group of twelve people of average ignorance.” That is not a particularly rosy picture of juror competence, but it presents a far better view than the one held by many -- if not most -- modern commentators. The more common contemporary sentiment was captured by Mark Twain when he wrote, in his inimitable style, “[w]e have a criminal jury system which is superior to any in the world; and its efficiency is only marred by the difficulty of finding twelve [people] every day who don't know anything and can't read.” Specifically, …


Reading, Writing, And Reparations: Systematic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams Jan 2006

Reading, Writing, And Reparations: Systematic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams

Faculty Articles and Other Publications

This Article examines reparations as a means of supporting systemic reform of public education, focusing on a recent enactment of the Virginia General Assembly, the Brown v. Board of Education Scholarship Program and Fund (Brown Fund Act). This provision seeks to remedy the state's refusal to integrate schools after the Supreme Court's decision in Brown v. Board of Education by providing scholarships to persons denied an education between 1954 and 1964, a period known as massive resistance. Under this regime, the state's executive and legislative branches colluded to develop laws that defied Brown's mandate, including authorizing the governor to close …


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson Jan 2006

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

All Faculty Scholarship

Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …


Segmented Rankings For Segmented Markets, Rafael Gely Jan 2006

Segmented Rankings For Segmented Markets, Rafael Gely

Faculty Publications

A joke frequently told by and about economists begins with a group of colleagues searching one night under a lamppost for a key in a gutter. A bystander asks the group where they have lost the key. The economists explain that although they had lost the key in a gutter some distance away, they were looking under the lamppost because the light was better there. The three articles in this panel remind me of this story, albeit in a non-conventional way. By exploring issues regarding the broader context in which rankings exist, the three articles encourage us to look not …


When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones Jan 2006

When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones

Articles

No abstract provided.


A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross Jan 2006

A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross

GW Law Faculty Publications & Other Works

This comment argues that lawyers for youth in foster care too often fail to include their clients in judicial hearings and that foster youth are entitled to appear at hearings where critical decisions affecting their lives will be made. The article reviews studies showing that foster children complain that they have little or no opportunity to be heard, and discusses the interplay between foster care and problems at school.


Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay Jan 2006

Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay

Reports & Public Policy Documents

Due to the short time frame for this Review, this cannot be considered an exhaustive report. There is however quite a massive volume of information and sources introduced here touching on the particulars required by the Terms of Reference.

In section I we present legal considerations that have an impact on education in various ways, all of which are related to inclusion and the application of equality rights in Canada. Those considerations include accommodation of students with disabilities, the student-teacher relationship, discipline, safe-schools, and a framework for analysis: the new 3 R’s in education: Rights, Responsibilities and Relationships. Included are …


Language, Literacy And Education In Diverse Contexts: Theory, Research And Practice, Koo Yew Lie, Peter Kell Jan 2006

Language, Literacy And Education In Diverse Contexts: Theory, Research And Practice, Koo Yew Lie, Peter Kell

Faculty of Law, Humanities and the Arts - Papers (Archive)

The articles in this first volume are articles situated in diverse social and institutional environments both in Australia and Malaysia. Here, the scholars discuss literacy, language and education issues from their academic experience in multilingual and multicultural contexts of schools, higher education and cultural communities such as digital and culture consuming communities. Contributors engage in literacy issues emerging from the diversity of communities straddling overlapping local-global contexts as well as communities of practice distinguished in terms of class, ethnicity, religion, spirituality and ideology. These are affiliated through common values and interests which transcend the divides of ethnicity, class, religion and …


Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron Jan 2006

Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron

Faculty Publications

This Symposium is an outgrowth of our Moneyball article. With the approaching twentieth anniversary of the first U.S. News law school rankings, it is a particularly propitious time to take a fresh look, to hear new voices, and to reconsider issues surrounding law school rankings. Many of America's most thoughtful law professors (as well as academics in other disciplines) gathered on April 15, 2005 at the Indiana University School of Law--Bloomington to discuss “The Next Generation of Law School Rankings.” Many of the participants previously have written about law school rankings, but others have not--all are poets, and many have …