Law Commons^™

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in the typical skills …

Understanding Conflict And Human Capacity: The Role Of Premises In Mediation Training, Robert A. Baruch Bush, Sally G. Pope

Hofstra Law Faculty Scholarship

In this article, the authors, point out that underlying mediator practices and techniques, there are deeper premises and values that guide and shape practice. The authors argue that mediation training should include articulation and explanation of the premises that underlie the transformative orientation to mediation practice and give examples of how these premises can be conveyed within an overall training design, and how doing so enriches the teaching of skills and techniques themselves.

Conflict Resolution: A Field Perspective, Ev Elmendorf

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

6 pages.

Work Plan For The Missouri Basin States Association, David L. Pope

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

6 pages.

Ogallala Ground Water, Morton W. Bittinger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.