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2005

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Full-Text Articles in Law

Should Antitrust Education Be Mandatory (For Law School Administrators)?, Royce De R. Barondes, Thomas A. Lambert Oct 2005

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 …


Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift Sep 2005

Education Elementary And Postsecondary Education: Amend The "Quality Basic Education Act"; Change Certain Provisions Relating To Determination Of Enrollment By Institutional Programs; Authorize The Establishment Of The Georgia Virtual School; Provide For Rules And Regulations; Provide For A Georgia Virtual School Grant Account; Provide For Statutory Construction; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Kristen Swift

Georgia State University Law Review

The Act authorizes the State Board of Education to establish a Georgia Virtual School where students may enroll in state-funded courses via the Internet. All Georgia students who are age 21 or younger are eligible to enroll, but the Act gives public school students priority. The Act also authorizes the State Board of Education to establish rules and regulations, including the processes for enrollment and reporting grades on students' transcripts. Students may register for courses in excess of the maximum number of courses allowed per year at a tuition rate the State Board of Education will establish. The Professional Standards …


The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum Sep 2005

The Following Article Addresses A Package Of Immigration Bills That Would Have Affected A Variety Of Titles In The Official Code Of Georgia Annotated, Susan S. Blum

Georgia State University Law Review

HR 256 - The resolution would have proposed an amendment to the Constitution of the State of Georgia to bar undocumented immigrants from the following: receiving any public services provided by the state, receiving any publicly funded health care services provided by the state, accessing public elementary and secondary schools of the state, and attending any public postsecondary institution of the state. The resolution would have presented the proposed constitutional amendment to Georgia voters for ratification or rejection. SB 169 - The bill would have prohibited any department, agency, instrumentality, or political subdivision of the State of Georgia from entering …


Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan Sep 2005

Education Definitions For The Parameters Of Georgia's Hope Scholarship: Amend Certain Definitions Relating To Hope Scholarships And Grants; Limit The Number Of Quarter Or Semester Hours For Which Hope Scholarships May Be Received At Public And Private Postsecondary Institutions; Provide For Students In Professional Level Programs; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes, Christopher J. Sullivan

Georgia State University Law Review

The bill would have changed definitions associated with implementation of Georgia's HOPE scholarship program. Specifically, it would have limited to 127 the number of semester hours for which a student in Georgia's postsecondary institutions may receive HOPE scholarship funding. If enacted, the bill would have applied to all postsecondary educational programs at private and public schools that grant baccalaureate degrees. The bill would also have eliminated differentiation among program titles such as associate and baccalaureate when considering eligibility for HOPE scholarship funding. The bill's provisions would not have taken effect until the 2005 fall semester. Prior statutory definitions would have …


Texas Needs More Drug Courts., Bryan S. Oathout Sep 2005

Texas Needs More Drug Courts., Bryan S. Oathout

The Scholar: St. Mary's Law Review on Race and Social Justice

Drug courts are the nation’s newest legal development in the war on drugs. These courts attempt to stop drug abuse through a treatment-based alternative court which focuses on an offender’s addiction and decluttering the courts. The main goal of drug courts is rehabilitation, not punishment. Drug courts help diminish the cost of putting drug-abusing offenders into our criminal justice system which causes prison and jail overcrowding. Fighting drug abuse also drains our economic resources. Since the implementation of drug courts in 1989, over seventy percent of drug-abusing offenders have either successfully completed the drug court program or are still participating …


Bargaining And Distribution In Special Education, Daniela Caruso Jul 2005

Bargaining And Distribution In Special Education, Daniela Caruso

Cornell Journal of Law and Public Policy

No abstract provided.


Slides: Long Term Forest Management: Creating A Forest Management Plan, Don Johnson Jun 2005

Slides: Long Term Forest Management: Creating A Forest Management Plan, Don Johnson

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Don Johnson, Forest Land Improvement, Inc., NH town forests

51 slides


Community Forests: A Perspective, Robert Mccullough Jun 2005

Community Forests: A Perspective, Robert Mccullough

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

22 pages.

"Robert McCullough teaches in the University of Vermont Graduate Program in Historic Preservation. He wrote The Landscape of Community: Communal Forests in New England."


Slides: Changes In Timberland Ownership: The New Hampshire Experience, Paul Doscher Jun 2005

Slides: Changes In Timberland Ownership: The New Hampshire Experience, Paul Doscher

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Paul Doscher, Society for the Protection of New Hampshire Forests, Concord, NH

20 slides


Slides: A Fine Line Between Success And Failure In Partnerships, Greg Neudecker Jun 2005

Slides: A Fine Line Between Success And Failure In Partnerships, Greg Neudecker

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Greg Neudecker, U.S. Fish and Wildlife Service, Great Falls, MT

48 slides


Slides: Wisconsin County Forests, Neil Paulson Jun 2005

Slides: Wisconsin County Forests, Neil Paulson

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Neil Paulson, Bayfield County Forest, WI

25 slides


Slides: Tug Hill Commission, Ny, Linda Gibbs Jun 2005

Slides: Tug Hill Commission, Ny, Linda Gibbs

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Linda Gibbs, Natural Resources Specialist, Tug Hill Commission, NY

26 slides


Slides: Community Forest Project: Grand Lake Stream, Maine, Steve Keith Jun 2005

Slides: Community Forest Project: Grand Lake Stream, Maine, Steve Keith

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Steve Keith, Farm Cove Community Forest, Downeast, ME

62 slides


Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj Jun 2005

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj

Présence Francophone: Revue internationale de langue et de littérature

The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …


For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …


The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen Apr 2005

The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen

ExpressO

High school dropouts are a serious problem facing America today. High school dropouts are more likely to be unemployed, earn less money when employed, place a larger burden on the government by requiring public assistance (welfare), and are more likely to be prone to a life of crime and violence than high school completers. While government at all levels continues to focus on schools and teachers in solving the dropout problem, this paper shows how parents are where the focus should lie. This paper proposes a revolutionary tax credit, the High School Attainment Credit (“HSAC”), which would cost-effectively eradicate the …


Financial Literacy Education: Panacea, Palliative, Or Something Worse?, Karen Gross Jan 2005

Financial Literacy Education: Panacea, Palliative, Or Something Worse?, Karen Gross

Saint Louis University Public Law Review

No abstract provided.


The Children Left Behind: Roma Access To Education In Contemporary Romania, Aram A. Schvey, Martin S. Flaherty, Tracy E. Higgins Jan 2005

The Children Left Behind: Roma Access To Education In Contemporary Romania, Aram A. Schvey, Martin S. Flaherty, Tracy E. Higgins

Crowley Mission Reports

In Romania, Roma children are nearly always educated in more poorly resourced schools than non-Roma children; they are nearly always educated by less-qualified teachers; and they are often treated differently—and worse—than non-Roma children by their principals, teachers, and classmates. While non-Roma children move ahead through Romania’s education system, Roma children are too often left behind. This Report begins with a synopsis of the problem. It then examines the roots of the plight of the Roma in general and of Roma children in particular. The Report then outlines the particular findings of the Mission and sets forth the relevant domestic, international, …


Beyond Higher Education: The Need For African Americans To Be "Knowledge Producers", Alex M. Johnson Jan 2005

Beyond Higher Education: The Need For African Americans To Be "Knowledge Producers", Alex M. Johnson

The Modern American

No abstract provided.


To What Ends: Educational Reform Around The World, Robert F. Arnove Jan 2005

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 Jan 2005

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 Jan 2005

Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski

Indiana Journal of Global Legal Studies

Globalization and Education Symposium


Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace Jan 2005

Comparative Perspectives On The Office Of Chief Justice, J. Clifford Wallace

Cornell International Law Journal

A comparative study of the duties & activities of Chief Justices indicates that there is considerable variability in the approach of Chief Justices to such things as judicial administration, oversight, & representation. Information was obtained from an informal survey of Chief Justices from 27 countries who were attending a June 2003 Conference of Chief Justices of Asia & the Pacific. Special attention is given to three key aspects of global judicial education: information transmission, training, & peer exchange. The survey responses indicated that Chief Justices encounter similar challenges & share common purposes; however, there are substantial differences in the extent …


The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr. Jan 2005

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.


Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley Jan 2005

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.


Sacred Visions Of Law, Robert Tsai Jan 2005

Sacred Visions Of Law, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …


Race, Trust, Altruism, And Reciprocity, George W. Dent Jan 2005

Race, Trust, Altruism, And Reciprocity, George W. Dent

Faculty Publications

Trust, altruism and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of "rational" human selfishness predict. These findings inspired social scientists to discover what factors promote or hinder cooperation. Legal scholars have employed this learning to determine how the law does or could facilitate or discourage cooperation in many contexts, including business transactions and the workplace. The influence of race on cooperation has been studied in specific areas, but so far no one has considered how the …


School Choice To Achieve Desegregation, Goodwin Liu, William L. Taylor Jan 2005

School Choice To Achieve Desegregation, Goodwin Liu, William L. Taylor

Fordham Law Review

No abstract provided.


Sacred Visions Of Law, Robert L. Tsai Jan 2005

Sacred Visions Of Law, Robert L. Tsai

Faculty Scholarship

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …


Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes Jan 2005

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 …