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Full-Text Articles in Law
Let The Good Time Roll: Early Release For Good Behavior In Prison, Michael M. O'Hear
Let The Good Time Roll: Early Release For Good Behavior In Prison, Michael M. O'Hear
Faculty Publications
No abstract provided.
Rolling Back The Tide: Toward An Individual Mandate For Flood Insurance, Alexander Lemann
Rolling Back The Tide: Toward An Individual Mandate For Flood Insurance, Alexander Lemann
Faculty Publications
The National Flood Insurance Program is in flux — and under attack. On March 13, 2014, Congress passed the Homeowner Flood Insurance Affordability Act, delaying and dismantling many of the reforms it had put in place just twenty months earlier, when it passed the Biggert-Waters Flood Insurance Reform Act of 2012. Today, flood insurance is both a critical part of the country’s approach to dealing with the rising flood threat posed by climate change and a beleaguered and perpetually broke symbol of governmental ineptitude, leading to calls for its elimination. By providing federally-subsidized flood insurance, critics argue, the National Flood …
Postmodern Decline? The Belief In A Rule Of Law As A Tenet Of American Ideology, David Ray Papke
Postmodern Decline? The Belief In A Rule Of Law As A Tenet Of American Ideology, David Ray Papke
Faculty Publications
A belief in the rule of law has traditionally been an important tenet in American ideology. This belief includes a respect for law itself and for independent courts that decide cases fairly in keeping with the law. The United States, ideologues proclaim, is more devoted to the rule of law than are other nations. But is the belief in a rule of law as a tenet of American ideology still firm in the emerging postmodern society? Popular sentiments as well as contemporary jurisprudence powerfully challenge the functionality and very attainability of a rule of law.
Overcoming Deliberate Indifference: Reconsidering Effective Legal Protections For Bullied Special Education Students, Paul M. Secunda
Overcoming Deliberate Indifference: Reconsidering Effective Legal Protections For Bullied Special Education Students, Paul M. Secunda
Faculty Publications
Ten years ago, in response to an epidemic of bullying and harassment of special education students in our nation’s schools, I put forward two new legal proposals based on legal protections that these students uniquely have under the Individuals with Disabilities in Education Act (“IDEA”). Although these proposals have gained some traction in the ensuing time period, most courts continue to analyze these cases under the same series of largely ineffectual constitutional and statutory laws. What many of these laws have in common with my previous proposals is reliance on a deliberate indifference standard, which requires schools and responsible school …