Law Commons^™

Opportunities For Innovation: State Strategies For Groundwater Protection, Larry Morandi

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

8 pages.

Contains references.

Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case

William & Mary Bill of Rights Journal

No abstract provided.

Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson

Faculty Articles and Other Publications

Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.

On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis on …

Applying Edgewood V. Kirby To Analysis Of Fundamental Rights Under The Texas Constitution, Albert H. Kauffman

Faculty Articles

State constitutions are affirmative grants of power under which both stated and implied fundamental rights can be sought. A proposed test for fundamental rights under the Texas Constitution looks at three factors: the history of the topic within the Texas Constitution and case law; the actual language used in the controlling provision; and the importance of that value to the people of Texas. The declaration of a constitutional right as fundamental certainly has implications for future relationships between the people and the government.

The Edgewood v. Kirby case has the potential to change much in Texas. The case stands for …

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor

Fordham Law Review

No abstract provided.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones

Fordham Law Review

Milliken v. Bradley represents the impact that Brown v. Board of Education had on Northern school In this discussion, Judge Jones describes the social changes that led to the Detroit school case and the plaintiffs'path up and down the judicial system to ultimate desegregation of Detroit schools.

Education And Human Capital: Pursuing An Ideal Income Tax And A Sensible Tax Policy, David S. Davenport

Case Western Reserve Law Review

No abstract provided.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley

Fordham Law Review

Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet

Fordham Law Review

Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii

Fordham Law Review

Professor Days describes the successful desegregation of the Hillsborough County, Florida school system. The Hillsborough case was originally filed by Thurgood Marshall and Constance Baker Motley and exemplifies the optimal outcome of Brown.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper

Fordham Law Review

As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Missouri V. Jenkins: Are We Really A Desgregated Society?, Theodore M. Shaw

Fordham Law Review

The Brown decision bucked a centuries-old tradition of discrimination in America, but that tradition has not been easily overcome. Professor Shaw discusses Missouri v. Jenkins and questions whether society has really changed in its attitude towards segregated schools.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel Ii, Concluding Remarks, Paul R. Dimond

Fordham Law Review

No abstract provided.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack

Fordham Law Review

Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Panel I, Concluding Remarks, Paul R. Dimond

Fordham Law Review

No abstract provided.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus

Fordham Law Review

In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.

"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

This Article envisions a new order for public education in this country. Pursuant to the new order, a free market under appropriate government regulation rather than unchecked political authority would determine the flow of public aid to various schools. Such an order would enable parents to choose what kind of school, secular or sectarian, presents the most desirable educational environment. The new arrangement would also provide incentives for quality education, as schools now run by the state government would have to compete on an even field with schools that currently receive no public funds.

It has been almost twenty years …

How Do Lawyers Really Think?, Nancy Schultz

Nancy Schultz

Law professors like to say that law school teaches students how to think like lawyers. But does reading appellate decisions and engaging in Socratic dialogue really do that? Lawyers think about a wide range of problems in a wide range of contexts, and this article argues that law school should reflect the broader context in which lawyers work.