Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Entire DC Network

Compensatory Damages And Special Education Law, Arthur Lang May 2012

Compensatory Damages And Special Education Law, Arthur Lang

Arthur Lang

The Individuals with Disabilities Educational Act (IDEA) requires that states receiving federal funds provide a Free and Appropriate Education (FAPE) to students with disabilities. Failing to provide a FAPE is discriminatory under the Equal Protection Clause of the Fourteenth Amendment, the Rehabilitations Act (RA), and the Americans with Disabilities Act (ADA). The IDEA provides remedies to correct inadequacies with compensatory education but does not provide compensatory damages. Parents dissatisfied with the adequacy of the education of a child with special needs have tried to bypass this, using §1983 and the RA to seek damages for an inadequate education under the …


The Marshall Doctrine, The Taney Doctrine And Calhounian Federalism, Arthur Lang Mar 2012

The Marshall Doctrine, The Taney Doctrine And Calhounian Federalism, Arthur Lang

Arthur Lang

The unity of authority vested in Congress over interstate commerce created a single continental economy. While the states of Europe endured centuries of conflict, this centralization of authority contributed to peace and prosperity in the American states. Congress has appropriated its interstate power to confront issues diverse as economic and racial discrimination, and regulatory and criminal law, expanding the rule of the federal government at the expense of the states. This paper will compare the power of the Court to invalidate state law found inconsistent with federal legislative policy under the commerce clause with the power of the Court to …


Judicial Supremacy, School Financing, And Closing The Achievement Gap In New Jersey, Arthur Lang Jan 2012

Judicial Supremacy, School Financing, And Closing The Achievement Gap In New Jersey, Arthur Lang

Arthur Lang

Shadowed by its powerful neighbors to the north and east, New Jersey settled into a multiplicity of residential communities. The people of New Jersey, following in the footsteps of their revolutionary predecessors, jealously protect their rule from home against incursions of the larger realm. With a legislature historically dominated by municipal and county bosses, the judiciary has stepped into the political fray to guard the “general welfare” of the state as a whole. Nowhere has this had so great an impact as in education. New Jersey schools have become well financed and are nationally acclaimed for student achievement. Urban, minority …


The State Of Education In Lakewood: Can Students In The Religious Community Access Education?, Arthur Lang May 2011

The State Of Education In Lakewood: Can Students In The Religious Community Access Education?, Arthur Lang

Arthur Lang

Lakewood, New Jersey is the fastest growing large town in the country. Of the 28,000 children registered in Lakewood schools, 75% attend private schools, saving the state over $300 million. This leaves the burden of education upon Lakewood families, about 34% of which are below the poverty level. Ninety-nine percent of township students in private schools attend yeshivas. Yeshivas for boys generally do not provide a diploma and provide little or no secular education in high school, while schools for girls provide diplomas and a relatively more rigorous curriculum. Recent Supreme Court decisions regarding state funded vouchers, the charter movement, …


The Result Of Fitzgerald V. Barnstable School Committee On Special Education Law, Arthur Lang Jan 2011

The Result Of Fitzgerald V. Barnstable School Committee On Special Education Law, Arthur Lang

Arthur Lang

The Individuals with Disabilities Educational Act (IDEA) requires that states receiving federal funds provide a Free and Appropriate Education (FAPE) to students with disabilities. Failing to provide a FAPE is discriminatory under the Equal Protection Clause of the Fourteenth Amendment, the Rehabilitations Act (RA), and the Americans with Disabilities Act (ADA). The IDEA provides remedies to correct inadequacies with compensatory but does not provide compensatory damages. Parents dissatisfied with the adequacy of the education of a child with special needs have tried to bypass this, using §1983 to seek damages for an inadequate education under the IDEA and under the …


Plan For New High School Campus, Arthur Lang May 2010

Plan For New High School Campus, Arthur Lang

Arthur Lang

This plan is for a new state-of-the-art high school, middle school and elementary school to serve our future generation. The schools will be equipped with the latest technology, communication, resource and means of delivery. The plan calls for a large campus to be located in a designated non-residential area.


Morality And The Law, Arthur Lang Jan 2010

Morality And The Law, Arthur Lang

Arthur Lang

This paper includes a discussion of liberal and conservative theories of law and government and an analysis of the proper place of morality in the law. It follows the logical conclusions of California definition of feticide as homicide, the distinction between commission and omission, the understanding of marriage, the right to die, the law of necessity, privileges and immunities, and the prohibition of self mutilation. Original ideas include tracing substantive due process to Calhoun and the Compromise of 1850, a new answer to the theodicy, solution to the Kantian moral dilemma, the primacy of compassion and the recognition of being, …


Law, Morality And The Decline Of The Family, Arthur Lang Jan 2010

Law, Morality And The Decline Of The Family, Arthur Lang

Arthur Lang

Morality, rights and justice are not determined by the will of a majority, but are logical concepts. A moral statement asserts to be valid for everyone. This paper demonstrates the rationality of distinguishing between true marriage and so-called same gender marriage, between omissions and commissions of acts, and between withdrawal of medical treatment and euthanasia. Additionally, the paper advocates the right a parent to keep a child alive against a medical community that seeks his or her termination.


Reflections On Educational Administration, Arthur Lang Jun 2007

Reflections On Educational Administration, Arthur Lang

Arthur Lang

I began my graduate studies in the spring, 2005 and finished in spring, 2007. Over those two and a half years, I have transformed my view of education. I have developed a vision and implemented changes in my own instruction. I learned what educators mean by change and have embraced its benefits. I realized that the school is not an isolated institution, but must seek outside support and enlist all members of the community. Most importantly, I learned that principals are not managers, but instructional leaders who lead by doing.


Correlation Of Hspa Scores With Lhs Math And English Courses, Arthur Lang Apr 2007

Correlation Of Hspa Scores With Lhs Math And English Courses, Arthur Lang

Arthur Lang

The No Child Left Behind Act [NCLB] mandates testing of all high school students in reading, mathematics and science. Schools that do not make progress in test scores will be subject to punitive and remedial actions. Schools have responded to the high stakes requirements by modifying the traditional curriculum. The purpose of this study is to determine how achievement measure by grade point earned in mathematics and language arts courses correlates to proficiency on the New Jersey High School proficiency Assessment (HSPA). Since data is not yet available the Science assessment, it has been left out of this study. A …


Summary Of Education Law, Arthur Lang Nov 2006

Summary Of Education Law, Arthur Lang

Arthur Lang

Summary of education law following chapters and references in Michael Imber & Tyll van Gell, Education Law, Lawrence Erlbaum Associates, Publishers, Mahwah, New Jersey (2004)


Ethics And School, Arthur Lang Nov 2006

Ethics And School, Arthur Lang

Arthur Lang

My philosophy of education maintains that a liberal education in mathematics, science, history, and literature cultivates reason and knowledge, developing the ability for a student to make practical choices and most importantly, the moral sensibilities of the student. The ethics of the school is essential.


Teaching To The Test In A Minority District, Arthur Lang Apr 2006

Teaching To The Test In A Minority District, Arthur Lang

Arthur Lang

The No Child Left Behind Act [NCLB] mandates testing of all high school students in reading and mathematics by school year 2005-06 and in science by school year 2007-08. Schools are required to make incremental increases in test scores in all students, including minority students, poor children, students with disabilities, and English language learners, setting one hundred percent proficiency as its goal by 2014. Schools that do not make progress in test scores will be subject to punitive and remedial actions.