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Full-Text Articles in Law
Counting The Dragon's Teeth And Claws: The Definition Of Hard Paternalism, Thaddeus Mason Pope
Counting The Dragon's Teeth And Claws: The Definition Of Hard Paternalism, Thaddeus Mason Pope
Faculty Scholarship
n his classic 1897 essay, The Path of the Law, Oliver Wendell Holmes Jr. warned against blind imitation of the past and called for "enlightened skepticism" toward the law. He described the first step of this critical examination as getting "the dragon out of his cave and on to the plain and in the daylight" so that "you can count his teeth and claws and see just what is his strength." Over the past thirty years, disagreements over the appropriate definition of "paternalism" have often masked further disputes over the circumstances under which the restriction of substantially autonomous self-regarding conduct …
Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg
Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg
William Mitchell Law Review
It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, …