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Articles 1 - 14 of 14
Full-Text Articles in Law
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
Adam Lamparello
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
David D. Butler
Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.
A Proposal To The Aba: Integrating Legal Writing And Experiential Learning Into A Required, Six-Semester Curriculum That Trains Students In Core Competencies, 'Soft Skills,' And Real-World Judgment, Adam Lamparello, Charles E. Maclean
A Proposal To The Aba: Integrating Legal Writing And Experiential Learning Into A Required, Six-Semester Curriculum That Trains Students In Core Competencies, 'Soft Skills,' And Real-World Judgment, Adam Lamparello, Charles E. Maclean
Adam Lamparello
Experiential learning is not the answer to the problems facing legal education. Simulations, externships, and clinics are vital aspects of a real-world legal education, but they cannot alone produce competent graduates. The better approach is to create a required, six-semester experiential legal writing curriculum where students draft and re-draft the most common litigation documents and engage in simulations, including client interviews, mediation, depositions, settlement negotiations, and oral arguments in the order that they would in actual practice. In so doing, law schools can provide the time and context within which students can truly learn to think like lawyers, do what …
Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington
Nigger Manifesto: Ideological And Intellectual Discrimination Inside The Academy, Ellis Washington
Ellis Washington
Draft – 22 March 2014
Nigger Manifesto
Ideological Racism inside the American Academy
By Ellis Washington, J.D.
Abstract
I was born for War. For over 30 years I have worked indefatigably, I have labored assiduously to build a relevant resume; a unique curriculum vitae as an iconoclastic law scholar zealous for natural law, natural rights, and the original intent of the constitutional Framers—a Black conservative intellectual born in the ghettos of Detroit, abandoned by his father at 18 months, who came of age during the Detroit Race Riots of 1967… an American original. My task, to expressly transcend the ubiquitous …
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
John Pizzo
No abstract provided.
The Professor As Whistleblower: The Tangled World Of Constitutional And Statutory Protections, Jennifer Bard
The Professor As Whistleblower: The Tangled World Of Constitutional And Statutory Protections, Jennifer Bard
Jennifer Bard
Like Phil Robertson, the patriarch of the Duck Dynasty family, to Edward Snowden, the NSA leaker, many professors at U.S. colleges and universities are surprised to find how little protection they have from the adverse consequences of their speech. The First Amendment is says nothing about either academic freedom or whistleblowing and it has been left to the Supreme Court to develop a doctrine as to when and if a professor’s speech is entitled to Constitutional Protection. This article considers the broad topic of protection for speech by professors other than that directly related to the views they express on …
Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, Michael A. Alao
Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, Michael A. Alao
Michael A. Alao
School districts rely on information systems to a similar extent as private, business organizations, yet the rules and regulations to ensure that school districts maintain adequate security to prevent data breaches and theft have failed to keep pace with private-sector developments. Advances in the private sector include notice-of-breach laws, consumer protection laws limiting individual liability for fraudulent electronic funds transfers, and auditing and reporting of internal controls. The public sector, including school districts, has also made advances in cyber security rules and regulations, but to a more limited extent than the private sector. Because of the sheer number of public …
Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.
Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.
Watt Lesley Black Jr.
This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for school administrators …
Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner
David N. Wagner
In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state regulations on …
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston
Al Alston
No abstract provided.
The Federal Government’S History In Public Education: Massive Reform Efforts For Political And Corporate Enhancement, Brett A. Geier
The Federal Government’S History In Public Education: Massive Reform Efforts For Political And Corporate Enhancement, Brett A. Geier
Brett A Geier
The role of the federal government in public education was purposefully absent in the formation of the United States Constitution. The Tenth Amendment delegated the power of educating the citizenry to each individual state. Therefore, each state in the nation has its own distinctive clause governing public education. The federal government's role was periphery at best. In 1965, President Johnson sought to mitigate poverty with an infusion of federal dollars for the nation's neediest students. As more funds were allocated by the federal government, the more restrictions and requirements were placed on schools. This accountability paradigm opened the door for …
From The Constitution To The Classroom: Educational Freedom In Antwerp’S Ultra-Orthodox Jewish Schools, Lotem Perry Dr.
From The Constitution To The Classroom: Educational Freedom In Antwerp’S Ultra-Orthodox Jewish Schools, Lotem Perry Dr.
Dr. Lotem Perry-Hazan
This study explores how the constitutional right to educational freedom penetrates to the schools of the ultra-Orthodox Jewish (Haredi) community in Antwerp, which is one of the largest Haredi communities in the world. Previous studies exploring the schooling of ultra-religious communities were conducted through a normative lens, focusing on the content of the legal rules governing the schools. This study contributes empirical findings regarding the impact of these rules, which are formulated, interpreted, and applied by various agents. The methodology combines legal analysis with fieldwork, aiming to reveal the connections between the different metaphorical cogwheels operating education policy. The findings …
Masculinity And Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy C. Cantalupo
Masculinity And Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy C. Cantalupo
Nancy C Cantalupo
This article examines two recent “hot topics” related to Title IX of the Educational Amendments of 1972 (“Title IX”): sex-segregated schooling and gender-based violence including sexual harassment and bullying. First, in 2006, the Department of Education suspended Title IX’s prohibition of sex-segregated education in K-12 public schools amidst some sex segregation advocates’ claims that a “feminized” educational system causes sex discrimination against boys. Second, over the last decade an increasing number of boys have sued or complained against their schools for sex discrimination in the form of gender-based violence (including same-sex bullying, sexual harassment, hazing, and sexual violence).
This article …
Equality And Democracy, Steven L. Winter