Law Commons^™

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

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 …

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 …

Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross

NYLS Law Review

No abstract provided.

Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton

Fordham Urban Law Journal

This Article examines the ways in which large law firms have served as educators. Furthermore, the Author considers how law firm efforts as educators might be enhanced. The paper looks at the necessity for law firms to continue to educate their associates and the motivation for associate training. The author proposes that law firms must embrace comprehensive strategies that impart performance standards, benchmarks, and core competencies through experiential training.

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Journal Articles

In Zelman v. Simmons-Harris, the Supreme Court of the US ruled that the First Amendment’s Religion Clause, i.e. ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof’, permits publicly funded school-voucher experiments that include private and religious schools. In other words, the Court made it clear—albeit by a narrow 5-4 margin—that governments do not unconstitutionally ‘establish[]’ religion merely by permitting eligible students to use publicly funded scholarships to attend qualifying religious schools, so long as the students’ parents are able to make a ‘true private choice’ for the school their children attend.

However, …

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff

All Faculty Scholarship

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Reflections On Justice Before And After Brown , Constance Baker Motley

Fordham Urban Law Journal

This Article discusses the important role that Brown v. Board of Education and the federal legislation that followed from it played in nullifying the Jim Crow edits. The Article examines how the result in Brown and certain subsequent events allowed for the creation of a black middle class. Martin Luther King's movement directly challenging state-forced segregation was highly effective in this matter; his 1963 march on Washington, in which 250,000 people turned up in support, became the turning point in the segregation battle. Brown also served as a predicate for the passage of the 1964 Federal Civil Rights Act which …

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Fordham Urban Law Journal

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

Profits And Professionalism, Deborah Rhode

Fordham Urban Law Journal

This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …

Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer

Fordham Urban Law Journal

On March 16, 2005, in what appeared to be a victory for the children of New York City, the Court of Appeals of New York, applying the Education Article, upheld a lower court decision and recommendation, by a panel of judicially appointed Special Referees, holding that the New York State school funding system failed to provide New York City children with a “sound basic education.” The Court of Appeals mandated that the State Legislature phase in $5.6 billion annually, as well as an additional $9.2 billion in a capital fund to reform the City public schools. The opinion, however, failed …

The Rise And Fall Of American Legal Education, Richard A. Matasar

NYLS Law Review

No abstract provided.

Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson

NYLS Law Review

No abstract provided.

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.

Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker

NYLS Law Review

No abstract provided.

Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura

NYLS Law Review

No abstract provided.

Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

The discharge in bankruptcy embodies the policy that relief should be granted to an individual who has ceased to be economically productive by virtue of burdensome debt obligations (the fresh start policy). Once the debtor has been deemed eligible for discharge, forgiveness of debt is automatic, accomplished through legislative rule and its judicial enforcement. With regard to the discharge of educational debt, however, Congress has devolved the exercise of debt relief to courts. An obligation to repay such debt will be discharged if a debtor establishes that undue hardship would be suffered in the absence of its discharge. A court …

Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald

Cleveland State Law Review

Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses …