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Full-Text Articles in Law

Ilsa Journal Of International And Comparative Law-Volume 17-2010-2011, Nathaniel G. Dutt, Reasey Ngoun-Colon, Stephanie A. Fensterscheib, William L. Tucker, Nazarena Celeste Ocon, Christine M. Whited, Retta Jane Rico, Stephanie M. Taylor, Corey K. Setterlund Oct 2010

Ilsa Journal Of International And Comparative Law-Volume 17-2010-2011, Nathaniel G. Dutt, Reasey Ngoun-Colon, Stephanie A. Fensterscheib, William L. Tucker, Nazarena Celeste Ocon, Christine M. Whited, Retta Jane Rico, Stephanie M. Taylor, Corey K. Setterlund

ILSA Journal Mastheads

No abstract provided.


Please Check One—Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack May 2010

Please Check One—Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

Law Student Publications

While litigation in this field has rarely involved colleges and universities, collegiate environments are often the “forefront for social activism,”5 so it is likely the issue of transgender housing discrimination will soon explode on campus. It is now critical that colleges, universities, and the counsel who represent them either prepare to address these issues when they arise or explore possibilities to preempt the legal issues that will surely arise at their schools. Part II of this comment discusses the legal definition of transgender. Part III examines the history of the treatment of transgender persons in American courts, as well as …


Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter Jan 2010

Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the most recent State Board of Education meeting, State Education Commissioner Tom Kimbrell addressed the need for more monitoring of charter schools to ensure that these schools meet their stated goals, including the types of students they intend to serve and the scope of the schools’ curricula. Additionally, he noted that the current process for reviewing applications for charter schools is inadequate, and acknowledged the need for a more systematic review process. As a result, Dr. Kimbrell reported that the state is planning to create a charter review council that will serve two important functions: reviewing charter applications prior …


No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros Jan 2010

No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros

Journal Articles

As a result of the No Child Left Behind Act (NCLB), schools place a great emphasis on standardized testing. Students at risk of failure are identified for additional instruction. This is aligned with the adequacy (versus equity) framework of school finance litigation, which seeks to bring the bottom up to a certain minimum level. Under the adequacy ideology, the focus is on achieving a minimum threshold of proficiency. In low performing schools where a high percentage of students are at risk of failing the test, a focus on the minimum creates disincentives to work with students performing at or above …


Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt Jan 2010

Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt Jan 2010

Grooming Good Legal Writers Through Tailored, Constructive Feedback, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles Jan 2010

Supporting Inclusiveness At Seattle U. And In The Law, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman Jan 2010

Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman Jan 2010

Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This article examines the Supreme Court’s student speech framework and argues that, in focusing exclusively on the types of student speech that can be restricted, the framework fails to build in any differentiation as to how such speech can be restricted. This is true even though there are two very distinct types of speech restrictions in schools: suppression of the speech itself; and after-the-fact punishment of the student speaker. As the student speech landscape itself gets more complex – given schools’ experimentation with new disciplinary regimes along with the tremendous rise in student cyber-speech – the blurring of that distinction …


Decriminalizing Students With Disabilities, Dean Rivkin Jan 2010

Decriminalizing Students With Disabilities, Dean Rivkin

Scholarly Works

Despite the enactment of the Individuals With Disabilities Education Act (IDEA) in 1975, students with disabilities have been disproportionally singled out for school exclusion and “push-out” through disciplinary actions, inadequate educational programs, and criminal prosecution. In Honig v. Doe, 484 U.S. 305 (1988), the United States Supreme Court condemned the disciplinary exclusion of students for behaviors that were manifestations of the students’ emotional disabilities. Criminal prosecution of students for disability-related behavior was curbed in the case of Morgan v. Chris L., 927 F. Supp. 267 (E.D. Tenn 1994), aff’d 106 F.3d 401 (6th Cir. 1997). This article examines the Chris …