Law Commons^™

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and …

Between The Hash Marks: The Absolute Power The Nfl’S Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn

Brooklyn Law Review

The National Football League has recently faced an onslaught of public criticism stemming from its handling of disciplinary matters over the last few years. This note engages in a comparative analysis of the disciplinary processes of the four major professional sports leagues, the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), and National Hockey League (NHL), to determine why Commissioner Goodell’s disciplinary decisions have received such public criticism and have been challenged by the National Football League Players Association. While examining the cases of Tom Brady and Adrian Peterson, this note will address the question of …

I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien

St. John's Law Review

(Excerpt)

This Article curates and analyzes ten recent cases where the NLRB decided whether or not § 7 protected employee swearing, with a view toward defining the implications of these decisions for employers and employees in terms of employer rules and discipline, and employee rights and limits thereon. The Article outlines the NLRB’s role and perspective in cases where employees are disciplined or discharged for engaging in profanity at work and/or on social media when the conduct in question is otherwise protected concerted activity. The Article summarizes the facts in each case while analyzing the legal framework that the NLRB …

Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

Publications and Research

We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …

Attorneys, Document Discovery, And Discipline, Paula Schaefer

Scholarly Works

Despite the growing use of sanctions and recent amendments to the Federal Rules of Civil Procedure aimed at improving discovery practice, many lawyers continue to play fast and loose with the rules of discovery governing (paper and electronic) documents. Nonetheless, most lawyers never face discipline for their discovery misconduct. This article argues that federal courts could make more effective use of attorney discipline systems to improve document discovery in civil cases.

What will be effective depends on why discovery misconduct occurs. There are multiple reasons why lawyers may engage in such misconduct – from ignorance of the rules to intentional, …

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.

Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson, Pamela A. Fenning

Faculty Publications & Other Works

No abstract provided.

May A Bankruptcy Court May Permanently Disbar An Attorney From Practicing Before Its District?, Maurice W. Sayeh

Bankruptcy Research Library

(Excerpt)

In most matters, the local bar association governs attorney discipline. Depending on the offense by the attorney, discipline can range from a private or public reprimand to a suspension or even disbarment. However, in special circumstances and when the court believes it must protect the general public from attorneys it finds unfit to practice, a bankruptcy court, as well as other courts, may permanently disbar an attorney from practicing before it. However this exercise of authority requires cautious judicial discretion.

Bankruptcy courts, in particular, may find the authority to discipline attorneys through multiple federal statutes, the Federal Rules of …

Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

William A. Herbert