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Full-Text Articles in Law
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
Faculty Publications
Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …
Segmented Rankings For Segmented Markets, Rafael Gely
Segmented Rankings For Segmented Markets, Rafael Gely
Faculty Publications
A joke frequently told by and about economists begins with a group of colleagues searching one night under a lamppost for a key in a gutter. A bystander asks the group where they have lost the key. The economists explain that although they had lost the key in a gutter some distance away, they were looking under the lamppost because the light was better there. The three articles in this panel remind me of this story, albeit in a non-conventional way. By exploring issues regarding the broader context in which rankings exist, the three articles encourage us to look not …
Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron
Dead Poets And Academic Progenitors: The Next Generation Of Law School Rankings With Paul Caron, Rafael Gely, Paul L. Caron
Faculty Publications
This Symposium is an outgrowth of our Moneyball article. With the approaching twentieth anniversary of the first U.S. News law school rankings, it is a particularly propitious time to take a fresh look, to hear new voices, and to reconsider issues surrounding law school rankings. Many of America's most thoughtful law professors (as well as academics in other disciplines) gathered on April 15, 2005 at the Indiana University School of Law--Bloomington to discuss “The Next Generation of Law School Rankings.” Many of the participants previously have written about law school rankings, but others have not--all are poets, and many have …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert
Faculty Publications
The Executive Committee of the Association of American Law Schools has adopted a Statement of Good Practices that purports to limit the times when law schools may make offers to hire faculty members at other schools. Schools are generally not to make offers for indefinite appointments to professors on other faculties after March 1, subject to extension for two months with the consent of the incumbent's dean. They also are not to make offers contemplating resignation from a current faculty position more than two weeks following those deadlines. Proceeding on the assumption that the AALS policy, whose express terms are …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Faculty Publications
The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …
Remark: Brown V. Board: Revisited, Michael A. Middleton
Remark: Brown V. Board: Revisited, Michael A. Middleton
Faculty Publications
[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Faculty Publications
Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak
Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii
Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii
Faculty Publications
This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …