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Full-Text Articles in Law

Tinker And The Diminution Of Public Education, Ryan Hardy Aug 2011

Tinker And The Diminution Of Public Education, Ryan Hardy

Ryan Hardy

Part I of this article discusses clothing as speech. Part II examines Tinker v. Des Moines. Part III examines the three other Supreme Court student expression cases. Part IV discusses the framework set up by the Supreme Court cases. Part IV also illustrates lower court decisions involving specific types of clothing or symbols and the confusion among those lower courts. Part V discusses the mission of public education and its relation to student expression. Part VI describes Tinker’s lasting effects on public education. Part VII explains that the Supreme Court should overrule Tinker and adopt a new standard


Education, Labor Rights, And Incentives: Contract Teacher Cases In The Indian Courts, Varun Gauri, Nick Robinson Jul 2011

Education, Labor Rights, And Incentives: Contract Teacher Cases In The Indian Courts, Varun Gauri, Nick Robinson

Varun Gauri

Since the liberalization of India\'s economy beginning in the early 1990\'s, the government has increasingly employed contract workers to perform various state functions, including in the education sector. Yet, little research has been done to examine how courts have reacted to this shift in government labor policy. This paper looks at all reported cases involving contract teachers in the Indian Supreme Court and four High Courts over the last thirty years. It finds that although almost never explicitly overturning precedent, the judiciary in India has increasingly become less sympathetic to contract teachers demands, particularly at the Supreme Court level. The …


Countering Criminalization: Toward A Youth Development Approach To School Searches, Sarah Jane Forman May 2011

Countering Criminalization: Toward A Youth Development Approach To School Searches, Sarah Jane Forman

Sarah Jane Forman

Every since New Jersey v. T.L.O., the dominant narrative, particularly in inner-city schools, has been that school children are dangerous and violent, drug dealing, gang affiliated, and out of control. Under the rubric of school safety, students are stripped of the full protection afforded by the 4th Amendment while being subjected them to a model of school discipline that utilizes law enforcement officers to enforce school rules. Such policies alienate targeted youth from mainstream society, increasing the lure of counter-culture ideas, decreasing the legitimacy of the rule of law, and feeding the school-to prison pipeline. In section one, I examine …


Achieving Diversity In The Parents Involved Era: Evidence For Geographic Integration Plans In Metropolitan School Districts, Julian Vasquez Heilig, Meredith Richard, Kori Stroub, Michael Volonnino May 2011

Achieving Diversity In The Parents Involved Era: Evidence For Geographic Integration Plans In Metropolitan School Districts, Julian Vasquez Heilig, Meredith Richard, Kori Stroub, Michael Volonnino

Julian Vasquez Heilig

In the wake of the Parents Involved decision, which rendered unconstitutional voluntary school integration plans using individual student race, districts have adopted a number of alternative integration strategies to combat the re-segregation of America’s schools. One promising approach, developed by Berkeley Unified School District, uses neighborhood demographic and socioeconomic characteristics as proxies for student race and ethnicity in assigning students to schools. This study provides the first empirical assessment of such “geographic integration models” by 1) modeling how accurately neighborhood demographic and socioeconomic characteristics predicted student race/ethnicity, and 2) estimating the potential increases in school diversity under such a plan. …


The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Lotem Perry-Hazan, Shulamit Almog Jan 2011

The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Lotem Perry-Hazan, Shulamit Almog

Dr. Lotem Perry-Hazan

In this article we explore the linkage between human rights education and the development of rights consciousness - the process that enables people to define their aims, wishes and difficulties in terms of rights. We argue that the factors that develop rights consciousness - human rights knowledge and the implementation of rights - are particularly important for the development of the rights consciousness of children. The Israeli Ultra-Orthodox education for girls offers a unique opportunity to explore our contentions, since it combines wide general education with extreme messages of gender inequality. We demonstrate that their wide general education is not …


Redressing Grievances And Complaints Regarding Basic Service Delivery, Varun Gauri Jan 2011

Redressing Grievances And Complaints Regarding Basic Service Delivery, Varun Gauri

Varun Gauri

Redress procedures are important for basic fairness. In addition, they can help address principal-agent problems in the implementation of social policies and provide information to policy makers regarding policy design. To function effectively, a system of redress requires a well-designed and inter-linked supply of redress procedures as well as, especially if rights consciousness is not well-developed in a society, a set of organizations that stimulate and aggregate demand for redress. On the supply side, this paper identifies three kinds of redress procedures: administrative venues within government agencies, independent institutions outside government departments, and courts. On the demand side, the key …


The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan Jan 2011

The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan

Stéphane Mechoulan

This paper examines how the increase in the incarceration of Black men and the sex ratio imbalance it induces shape the behavior of young Black women. Combining data from the Bureau of Justice Statistics and the Current Population Survey to match male incarceration rates with individual observations over two decades, I show that Black male incarceration lowers the odds of Black non-marital teenage fertility while increasing young Black women's school attainment and early employment. These results can account for the sharp bridging of the racial gap over the 1990s for a range of socio-economic outcomes among females.


Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber Jan 2011

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

Diane Webber

As a case study, this paper reviews a resolution passed by the Texas State Board of Education on September 24, 2010. The resolution rejects certain Social Studies texts that contain what the Board determined were pro-Islamic/anti-Christian distortions…The resolution is itself doing what it complains about – it is showing “chronic partiality to one of the world’s great religions and animus against another.”…At a time when “reciprocal negative perceptions between the Western and Muslim worlds continue to escalate”, it is essential to acknowledge the important role of education to promote tolerance… The knowledge gained from religious tolerance education can then be …


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.