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Articles 1 - 28 of 28
Full-Text Articles in Law
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway
Indiana Journal of Law and Social Equality
No abstract provided.
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
Indiana Law Journal
The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Indiana Law Journal
The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. …
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson
Indiana Law Journal
Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Introduction, Colin Crawford, Daniel Bonilla Maldonado
Introduction, Colin Crawford, Daniel Bonilla Maldonado
Indiana Journal of Global Legal Studies
The papers gathered in this volume analyze access to justice in Latin America, Europe, and North America from a philosophical, legal, and sociological perspective. In these three regions of the world, as in the rest of the globe, liberal democracies face a troubling gap between the normative and the descriptive: the access to justice promises made by the legal and political system are not fully realized in practice. The studies collected here, therefore, share two baseline assumptions. First, the right of access to justice is fundamental in a liberal state. Access to justice ensures that citizens are able to defend …
O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt
O Brother Where Art Thou? The Struggles Of African American Men In The Global Economy Of The Information Age, Kenneth G. Dau-Schmidt
Indiana Journal of Law and Social Equality
As early as the late 1980’s, William Wilson argued that widespread economic transitions had altered the socioeconomic structure of American inner cities to the detriment of African Americans. Wilson identified declines in manufacturing work and its replacement with poorly compensated service sector work as driving racial segregation and leaving African Americans jobless, poor and alienated from American society. These transitions were particularly problematic for African American men since manufacturing work was their primary gateway to middle-class employment while African American women had already focused more on service work.
Since the initial exposition of Wilson’s theory of deindustrialization, Wilson’s framework of …
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Money That Costs Too Much: Regulating Financial Incentives, Kristen Underhill
Indiana Law Journal
Money may not corrupt. But should we worry if it corrodes? Legal scholars in a range of fields have expressed concern about “motivational crowding-out,” a process by which offering financial rewards for good behavior may undermine laudable social motivations, like professionalism or civic duty. Disquiet about the motivational impacts of incentives has now extended to health law, employment law, tax, torts, contracts, criminal law, property, and beyond. In some cases, the fear of crowding-out has inspired concrete opposition to innovative policies that marshal incentives to change individual behavior. But to date, our fears about crowding-out have been unfocused and amorphous; …
Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman
Court Personnel Attitudes Towards Medication-Assisted Treatment: A Statewide Survey, Barbara Andraka-Christou, Meghan Gabriel, Jody L. Madeira, Rod D. Silverman
Articles by Maurer Faculty
Background: Despite its efficacy, medication-assisted treatment (MAT) is rarely available in the criminal justice system in the United States, including in problem-solving courts or diversionary settings. Previous studies have demonstrated criminal justice administrators' hostility towards MAT, especially in prisons and jails. Yet, few studies have examined attitudes among court personnel or compared beliefs among different types of personnel. Also, few studies have explored the relationship between MAT education/training and attitudes. Finally, few studies have directly compared attitudes towards methadone, oral buprenorphine, and extended-release naltrexone in the criminal justice system.
Methods: We modified a survey by Matusow et al. (2013) to …
Transnational Private Authority In The Sphere Of Education, Eva Hartmann
Transnational Private Authority In The Sphere Of Education, Eva Hartmann
Indiana Journal of Global Legal Studies
It seems that an ever-shorter temporal rhythm is gaining ground with the end of the "short twentieth century, 'I challenging the modern temporal horizon. The emerging economy relies on a continuous stream of scientific and technical knowledge closely related to information technology and networks. The increasing compression of both time and space has major consequences for the governance of the economy and the setting of authoritative standards in this sphere. This paper explores the consequences for education and training and its governance, where continuing education has become crucial. It studies the setting of authoritative standards in the field of information …
Demography In America: Gifted Education For A Growing Population Of English Language Learners, Lisa P. Wiggin
Demography In America: Gifted Education For A Growing Population Of English Language Learners, Lisa P. Wiggin
Indiana Journal of Law and Social Equality
Most states are experiencing growth in their numbers of public-school students with limited English proficiency. Although many of these students possess the cognitive abilities to warrant placement in gifted programs, they are frequently overlooked in the identification process. As the United States economy increasingly relies on highly-educated workers, it becomes imperative to give our brightest students opportunities to develop their true academic potential, despite the fact that their English-language fluency is still developing. Three states already recognize the need to identify English Language Learners for gifted-education programs, and their policies offer examples to other states hoping to address this challenge.
From Suspended To Destitute: The Disproportionate Effect Of Out-Of-School Suspensions On Low-Income Families, Francesca Hoffmann
From Suspended To Destitute: The Disproportionate Effect Of Out-Of-School Suspensions On Low-Income Families, Francesca Hoffmann
Indiana Journal of Law and Social Equality
No abstract provided.
The Imposition Of Social Justice Morality In Legal Education, Julie D. Lawton
The Imposition Of Social Justice Morality In Legal Education, Julie D. Lawton
Indiana Journal of Law and Social Equality
No abstract provided.
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell
Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell
Articles by Maurer Faculty
Over the past 30 years America has experienced both a substantial increase in the percentage of blacks multiracial blacks and an unprecedented influx of voluntary immigration of blacks primarily from Africa and the Caribbean. The percentage of foreign-born black immigrants reached 8% of the black population in 2005, and no doubt is higher today. There is evidence that suggests not only that multiracial blacks and foreign-born black immigrants and their sons and daughters constitute a disproportionate percentage of black students in selective higher education programs, but their percentages are larger than most people realize. This article addresses the resulting change …
To What Ends: Educational Reform Around The World, Robert F. Arnove
To What Ends: Educational Reform Around The World, Robert F. Arnove
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
The Globalization Of Multicultural Education, Margaret Sutton
The Globalization Of Multicultural Education, Margaret Sutton
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski
Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
Indiana Law Journal
No abstract provided.
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown
After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Charlotte's Web: Reflections On The Role Of Due Process In Academic Decisionmaking, Sue Wolf Brenner
Charlotte's Web: Reflections On The Role Of Due Process In Academic Decisionmaking, Sue Wolf Brenner
Indiana Law Journal
No abstract provided.
The Handicapped Child's Civil Right As It Relates To The "Least Restrictive Environment" And Appropriate Mainstreaming, Darvin L. Miller, Marilee A. Miller
The Handicapped Child's Civil Right As It Relates To The "Least Restrictive Environment" And Appropriate Mainstreaming, Darvin L. Miller, Marilee A. Miller
Indiana Law Journal
No abstract provided.
Afdc Eligibility Conditions Unrelated To Need: The Impact Of Dublino, John Timothy Mccaulay
Afdc Eligibility Conditions Unrelated To Need: The Impact Of Dublino, John Timothy Mccaulay
Indiana Law Journal
No abstract provided.
What Remains Of Federal Afdc Standards After Jefferson V. Hackney?, Michael E. Armey
What Remains Of Federal Afdc Standards After Jefferson V. Hackney?, Michael E. Armey
Indiana Law Journal
No abstract provided.