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2015

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Articles 1 - 30 of 95

Full-Text Articles in Law

Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter Dec 2015

Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter

Jan Vetter

No abstract provided.


Educational Choice And The Courts: U.S. And Germany, John Coons Dec 2015

Educational Choice And The Courts: U.S. And Germany, John Coons

John Coons

No abstract provided.


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …


The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk Nov 2015

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …


The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio Nov 2015

The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio

Andrea A. Curcio

No abstract provided.


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Nov 2015

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Andrea A. Curcio

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well as …


Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham Nov 2015

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Clark D. Cunningham

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …


University Extends Unprecedented Tuition Freeze And Guarantee, Roger Williams University School Of Law Nov 2015

University Extends Unprecedented Tuition Freeze And Guarantee, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney Nov 2015

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney

Journal Articles

The challenging job market for recent law school graduates has highlighted a fact well known to those familiar with legal education: A significant gap exists between what students learn in law school and what they need to be practice-ready lawyers. Legal employers historically assumed the task of providing real-world training, but they have become much less willing to do so. At the same time, a large numbers of Americans – and not just those living at or below the poverty line – are simply unable to afford lawyers. In this Article, we argue that post-graduate legal training, similar to post-graduate …


Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon Nov 2015

Dean's Desk: Legal Clinics Cultivate Essential Lawyering Skills, Andrea Lyon

Andrea D. Lyon

No abstract provided.


The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett Nov 2015

The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett

Journal Articles

Private school choice programs raise important legal questions regarding students’ rights to an education, parents’ rights to choose their children’s schools, state constitutions, race and disability, and religious liberty.


Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law Nov 2015

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan Oct 2015

27-10-15 Wigan Ieee Smart Cities Guadalajara Education Workshop Presentatation, Marcus R. Wigan

Marcus R Wigan

Smart Cities are driven by rapid changes in both information generation and access. These are driven initially by technology, but quickly demand adaptive governance and social science demands as a result. A strategy to address the skills required - and the associated disciplines engaged - is laid out. It includes Smart Cities educational agendas from social, technology, and investment perspectives and addresses how the core skill : swift appreciation of the contributions of different disciplines and the ability to speed up genuine adaptive interworking - can be achieved. This strategy builds upon the educational and interchange commitments made in IEEE …


2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell Sep 2015

2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell

Nevada Law Journal

No abstract provided.


Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman Sep 2015

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …


August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz Aug 2015

August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz

Hallowed Secularism

Blog post, “Introducing Constitutional Law in the Midst of the Plight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Employment Discrimination In Legal Education: Selected Readings Relating To Women, Minorities, And Legal Writing, Lucille Jewel Aug 2015

Employment Discrimination In Legal Education: Selected Readings Relating To Women, Minorities, And Legal Writing, Lucille Jewel

Scholarly Works

This bibliography is a collection of selected readings that address discrimination issues and attitudes relating to the employment of women and minorities in legal education.


Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman Aug 2015

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …


Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack Aug 2015

Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack

Journal of Legal Education

No abstract provided.


Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney Aug 2015

Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney

Journal of Legal Education

No abstract provided.


Legislation & Regulation And Reform Of The First Year, John F. Manning, Matthew Stephenson Aug 2015

Legislation & Regulation And Reform Of The First Year, John F. Manning, Matthew Stephenson

Journal of Legal Education

No abstract provided.


A Program In Legislation, Dakota S. Rudesill, Christopher J. Walker, Daniel P. Tokaji Aug 2015

A Program In Legislation, Dakota S. Rudesill, Christopher J. Walker, Daniel P. Tokaji

Journal of Legal Education

No abstract provided.


Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss Aug 2015

Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss

Journal of Legal Education

No abstract provided.


The Ripple Effect Of "Leg-Reg" On The Study Of Legislation And Adminstrative Law In The Law School Curriculum, Abbe R. Gluck Aug 2015

The Ripple Effect Of "Leg-Reg" On The Study Of Legislation And Adminstrative Law In The Law School Curriculum, Abbe R. Gluck

Journal of Legal Education

No abstract provided.


Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman Aug 2015

Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman

Journal of Legal Education

No abstract provided.


Does Kingsfield Live?: Teaching With Authenticity In Today's Law Schools, Melissa J. Marlow Aug 2015

Does Kingsfield Live?: Teaching With Authenticity In Today's Law Schools, Melissa J. Marlow

Journal of Legal Education

No abstract provided.


Institutionalizing Legal Innovation: The (Re)Emergence Of The Law Lab, Martha F. Davis Aug 2015

Institutionalizing Legal Innovation: The (Re)Emergence Of The Law Lab, Martha F. Davis

Journal of Legal Education

No abstract provided.


The Demand For Legal Education: The Long View, Deborah M. Hussey Freeland Aug 2015

The Demand For Legal Education: The Long View, Deborah M. Hussey Freeland

Journal of Legal Education

No abstract provided.


A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson Jul 2015

A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson

Akron Law Review

This comment examines the recent trend towards anti-affirmative action in the context of university admissions policies. First, the comment will trace some of the formative history of affirmative action, including the Bakke decision. It will then review and analyze specific judicial and legislative events which suggest a trend towards anti-affirmative action. Finally, the comment will explore the different rationales for affirmative action and suggest some alternatives to racial preferences in admissions policies.