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Full-Text Articles in Law

The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr. Jan 2005

The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr.

Robert A. Garda

African American students are being re-segregated in today's public schools by their disproportionate placement in special education classes for the disabled pursuant to the Individuals With Disabilities in Education Act (IDEA). At the same time, the overall number of children found disabled and entitled to special education under the Act has skyrocketed over the past decade, leaving special education classes with swollen roles and inadequate resources. Congress attempts to remedy this divisive dual eligibility crisis when it re-authorized the IDEA in 2004 by promoting an educational paradigm of individualized instruction in general education. The new IDEA seeks to "fix" special …


Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …


Learning Law Through The Lens Of Race, Kim Forde-Mazrui Jan 2005

Learning Law Through The Lens Of Race, Kim Forde-Mazrui

Kim Forde-Mazrui

No abstract provided.


Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …


The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel Jan 2005

The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel

David B Kopel

This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.