Law Commons^™

Not The African Copyright Pirate Is Perverse, But The Situation In Which (S)He Lives-Textbooks For Education, Extraterritorial Human Rights Obligations, And Constitutionalization "From Below" In Ip Law, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

Printed textbooks remain crucial for education, particularly in developing countries. However, in many of these countries, textbooks are unavailable, too expensive, or not accessible in learners’ native tongues. Digital content, for many reasons, does not prove a wondrous solution. Cheaply (translating and) reproducing textbooks would be a strategy. However, reprography is highly regulated under copyright law. Copyright also adds to the cost of textbooks. The availability, accessibility, and acceptability of learning materials constitute essential elements of the right to education under international human rights law.

Intellectual property (IP) law has so far refrained from endorsing the concept of extraterritorial state …

The Bottom Line: Law School Need To Get Serious About The Work Of Diversity, Equity & Inclusion, Lisa Sonia Taylor, Belinda Dantley

Reports

North American law schools are adding Diversity, Equity, and inclusion (DEI) roles or responsibilities at an increasing pace. In early 2021 we surveyed DEI professionals at law schools across the country. We agree interested in finding out more about these professionals, their work, and their perceptions about the role they play at their law school.

We took the opportunity to ask DEI professionals about their role in light of the global pandemic and focus on racial injustice after the protests against police violence in the summer of 2020.

Improving The Legal And Regulatory Framework Of Restraint And Seclusion In D.C. Public Schools, James Gallagher

Upper Level Writing Requirement Research Papers

No abstract provided.

The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani

Joint PIJIP/TLS Research Paper Series

On 16 June 2020, the President of South Africa returned the Copyright Amendment Bill [B-13 of 2017] to Parliament, expressing reservations regarding its constitutionality and compliance with international law. In this paper, I describe the constitutional implications of compliance with international law and the binding international obligations incumbent upon South Africa in respect of copyright and international human rights law. In doing so, I argue that the Bill of Rights acts as a magnet, compelling all organs of state to give greater normative weight to those international obligations that map onto the Bill of Rights as compared to those …

Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades

American University Business Law Review

No abstract provided.

Race, Education, And Technology: How The Expansion Of “E-Rate” Could Alleviate Educational Inequalities From Online Education Exacerbated By Covid-19, Michael "Troy" Hatcher

Upper Level Writing Requirement Research Papers

No abstract provided.

Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke

American University Law Review

No abstract provided.

Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero

Articles in Law Reviews & Other Academic Journals

The study and practice of law is among the most respected and well-regarded pursuits; unfortunately, it is also among the least diverse. The persistent and alarming lack of diversity is prevalent in the industry regardless of the culture. In the United States and in Europe, statistics show that lawyers are overwhelmingly comprised by white males, especially in the higher ranks of the profession. Several factors contribute to this lack of diversity, including access to legal professionals and costs associated with pursuing a legal degree. Several strategies have been initiated to increase diversity in the field, including increasing awareness of the …

Americas Coverage, Human Rights Brief

Human Rights Brief Fall 2016 Regional Coverage

No abstract provided.

Fair Use And Education: The Way Forward, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

The ability to make reasonable fair use of copyrighted material is both economically and culturally important to the enterprise of education. No other feature of copyright laws offers educators access of the same potential scope. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "economic exceptionalism, "for which there is no clear basis in U.S. copyright law. Nor can they expect to arrive at satisfactory shared understandings with copyright owners. Instead, they should seek to take advantage of current trends in copyright case law, including the marked trend toward preferring uses that are "transformative," where …

Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff

American University Law Review

No abstract provided.

The Right To Education: A Multi-Faceted Strategy For Litigating Before The Inter-American Commission On Human Rights, Marselha Gonçalves Margerin

Human Rights Brief

No abstract provided.

Symposium: The Civil Rights Roots Of Tinker's Disruption Tests, Kristi L. Bowman

American University Law Review

This past spring marked the fortieth anniversary of Tinker v. Des Moines Independent Community School District, the landmark student speech case in which the Supreme Court held that three students were protected by the First Amendment when they wore black armbands in their Des Moines, Iowa public schools to protest the Vietnam War. Looking at Supreme Court precedent alone, it would seem as though the Tinker tests were created out of whole cloth: the substantial or material disruption, reasonable anticipation of such disruption, and rights of others tests did not have much of a basis in earlier Supreme Court decisions. …

Racial Disparities In U.S. Public Education And International Human Rights Standards: Holding The U.S. Accountable To Cerd, Amelia Parker

Human Rights Brief

No abstract provided.

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

The Modern American

No abstract provided.

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 …

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Book Reviews

Review essay on National Reading Panel, Teaching Children to Read: An Evidence-Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction; G. Coles, Reading Lessons: The Debate Over Literacy; G. Coles, Misreading Reading: The Bad Science That Hurts Children; M. Stout, The Feel-Good Curriculum: The Dumbing Down of America's Kids in the Name of Self-Esteem; D. McGuinness, Why Our Children Can't Read and What We Can Do About It. What is it about teaching reading that arouses such passions in Americans? Shall we have phonics or whole language or both? Why this debate should be …