Law Commons^™

A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin

Scholarly Articles

For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …

‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin

Scholarly Articles

This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

This Article envisions a new order for public education in this country. Pursuant to the new order, a free market under appropriate government regulation rather than unchecked political authority would determine the flow of public aid to various schools. Such an order would enable parents to choose what kind of school, secular or sectarian, presents the most desirable educational environment. The new arrangement would also provide incentives for quality education, as schools now run by the state government would have to compete on an even field with schools that currently receive no public funds.

It has been almost twenty years …

School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman

Fordham Urban Law Journal

The introduction last spring of President Bush's America 2000 Excellence in Education Act to underwrite state and local programs which provide vouchers to enable parents to choose public, private or religious schooling for their children, has moved "school choice" to the forefront of the national education reform agenda. Nowhere is this more prevalent than in urban centers, where the breakdown of the public education system has been the focus of considerable attention and debate. The privatization of education in New York City, using vouchers, would mean the loss of legally defined procedural and participatory rights for students and parents, as …

Equal Protection

Touro Law Review

No abstract provided.

Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …

How Do Lawyers Really Think?, Nancy Schultz

Nancy Schultz

Law professors like to say that law school teaches students how to think like lawyers. But does reading appellate decisions and engaging in Socratic dialogue really do that? Lawyers think about a wide range of problems in a wide range of contexts, and this article argues that law school should reflect the broader context in which lawyers work.

The Scholarship Initiative: A Model State Law For Elementary And Secondary School Choice, Stephen D. Sugarman, John E. Coons

Stephen D Sugarman

No abstract provided.