Law Commons^™

Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty

Northwestern Journal of Law & Social Policy

No abstract provided.

Overcoming Political Polarization: Federal Funding Of Education Is The Key, Reuven S. Avi-Yonah

Law & Economics Working Papers

The best way of overcoming political polarization in the US (the last two elections were both decided by fewer than 100,000 votes in WI, MI, PA (2016) and WI, AZ, GA (2020)) is to reduce disparities in education. But how can we do that? The basic problem arises from the US system of funding K-12 education from property taxes. While the picture above refers to college education, it is K-12 education that determines both college admissions and college readiness. Thus, the only viable solution is a federal solution. As President Nixon proposed in 1972, the United States should adopt an …

The Importance Of Having Properly Funded Art Programs And The Benefits It Brings To Public Schools, Chelsey Brown

Liberal Arts Capstones

This presentation is to help raise awareness towards art education in schools and how these programs are losing their funding. The main focus is to present information on how the arts benefit people in both the school and in more public settings. Politics affect how much money is given to the arts and if the school is not art-rich, they may suffer and have a poorly funded arts program. The arts provide cognitive, health, and social benefits that can help kids learn and can also help those who participate in community programs. Students who participate in art, music, theater, or …

A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter

Maine Law Review

The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the responsibility, …

Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons

All Faculty Scholarship

Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …

Yount, Kent E., Collection, 1941-1954, Special Collections, Leonard H. Axe Library

Finding Aids

A collection of documents, reports, transcriptions, and correspondence regarding court cases and orders in Cherokee County, Kansas.

Kent E. Yount was born on March 20, 1916 and died May 1, 1954. He graduated from Galena High School in 1932 at the age of 16. He was an attorney in Cherokee County, Kansas, and was a member of the Galena Chapter of the Independent Order of Odd Fellows.

Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill

University of Massachusetts Law Review

It is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy. …

Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson

Indiana Law Journal

Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.

The Domestic Effect Of South Africa's Treaty Obligations: The Right To Education And The Copyright Amendment Bill, Sanya Samtani

Joint PIJIP/TLS Research Paper Series

On 16 June 2020, the President of South Africa returned the Copyright Amendment Bill [B-13 of 2017] to Parliament, expressing reservations regarding its constitutionality and compliance with international law. In this paper, I describe the constitutional implications of compliance with international law and the binding international obligations incumbent upon South Africa in respect of copyright and international human rights law. In doing so, I argue that the Bill of Rights acts as a magnet, compelling all organs of state to give greater normative weight to those international obligations that map onto the Bill of Rights as compared to those …

No Jd? No Problem: Aall Annual Conference Review, Rachel S. Evans

Articles, Chapters and Online Publications

This installment of ALL-SIS Newsletter’s short reviews of AALL2020 conference programs is by Rachel Evans, Metadata Services and Special Collections Librarian at the University of Georgia School of Law’s Alexander Campbell King Law Library. It was originally published to the ALL-SIS blog. The session recording is available to conference registrants, and will be available to all members in 2021. The full review will appeared in the fall issue of the Newsletter.

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton

Faculty Publications

Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.

A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …

Reimagining The Philosophy Of Evaluation, Assistance, And Certification (Eac) Project: The Ials Model Reform In Legal Education, Sreejith S.G.

St. Mary's Law Journal

In 2017, the International Association of Law Schools (IALS) launched its Evaluation Assistance and Certification (EAC) Project. The Project, essentially meant to enable law schools to raise themselves to international standards in legal education, has not only advanced the work of IALS but also broadened its mandate, giving IALS a new philosophy and outlook. The renewed philosophy of IALS is a philosophy of ambition, solidarity, self-becoming, and the pursuit of excellence. This article, after conceptualizing the modalities of the Project, examines that philosophy, exploring the impact it will have on law school performance and on legal education at large. Finally, …

Strategies For Equitable Access: A Discussion On Public School District Enrollment, Lisa A. Gooden

Presentations and Speeches

Presentation prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Discussion includes an analysis of current practices and outcomes, potential future goals, and annotated examples of enrollment strategies employed by school districts in the United States designed to foster equitable access.

Law Library Blog (August 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Strategies For Equitable Access: Identifying Benefits And Strategies For Creating Integrated Public Schools, Annotated Examples Of Current School District Enrollment Practices, And Resources For Further Exploration, Lisa A. Gooden

Faculty Works

Prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Includes a summary of the benefits of integrated schools, strategies for creating equitable schools, annotated examples of current practices employed by public school districts in the United States to foster equitable access to education, and list of links to additional resources for further reading.

Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman

BYU Education & Law Journal

Our Nation overwhelmingly supports sexual education in public

schools. A study by Siecus found that 98% of people surveyed support

sexual education in public high schools and 89% in public middle

schools. Unfortunately for some students, they will receive no sexual

education of very limited, ineffective sexual education, simply because

of where they live. Even if a student is fortunate to live in an

area which has or requires sexual education, this education may be

insufficient.

There have been countless advocates for sexual education.

With the rise of each new sexual education concern, advocates emerge

as if in waves. Most …

Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook

BYU Education & Law Journal

The topic of this legal analysis is the administration of medical

marijuana to students attending Colorado K-12 public schools.

Colorado has been a pioneer in legalizing the use of marijuana. Beginning

in the year 2000, Colorado voters approved Amendment 20

legalizing the use of marijuana for medical purposes. This law specifically

allows minors to receive a prescription for medical marijuana

under certain conditions. An unintended consequence of this law

is that minors meeting its requirements are requesting, along with

their caregivers and physicians, to have marijuana-based medication

administered to them at schools. The purpose of this legal analysis

is to …

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review SUpra

No abstract provided.

Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

“Oh no. Could I borrow a tampon or pad?” These (or similar) words are familiar to almost everyone who has ever had a period. Even for adults, menstruation can at times be a challenge. For some schoolchildren, it can be an insurmountable obstacle to receiving an education. Students are subject to constant observation by classmates and teachers; they may not have autonomous access to a bathroom during the school day; or they may not be able to afford menstrual products. They may experience menstruation-related peer harassment, restrictive school policies, a lack of access to menstrual products, and inadequate menstruation-related education. …

Law School News: Introducing Rwu Law's Sixth Dean 07-01-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: A Fond Farewell To Dean Michael Yelnosky 06-26-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf

Student Theses

Felony Disenfranchisement, a collateral consequence, strips justice-involved individuals of their voting rights. While this policy is enacted in 48 states and the District of Columbia, a majority of community members are unaware of its existence. The current study used three hypotheses to guide its research about how education about disenfranchisement policy impacts a community member's opinion:1) Participants exposed to information about the effects of disenfranchisement will be more supportive of enfranchisement than those in the control condition; 2) Participants who receive the vignette featuring the White justice-involved individual will indicate a higher level of support for enfranchisement compared to those …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 06-2020, Roger Williams University School Of Law, Michael M. Bowden, Katie Mulvaney

Life of the Law School (1993- )

No abstract provided.

From Photocopying To Object-Copying In The Classroom: 3d Printing And The Need For Educational Fair Use In Patent Law, Alessandra T. Palazzolo

Georgia State University Law Review

This Note is broken into three parts. Part I includes background information about additive manufacturing, the Maker Movement and its importance in the promotion of STEM education, and the history of copyright and patent law. Part II analyzes the development of fair use in copyright law, potential reasons that patent law has no statutory fair use defense, and one exception in patent law that is essentially fair use—the Hatch-Waxman Act, a codified version of the experimental use exception for the pharmaceutical industry. Finally, Part III offers three distinct solutions aimed at protecting educators who use 3D printing in their curriculum.

Implementing A Uniform Burden Of Proof For Title Ix Coordinators During The Investigation Stage: An Objective And Efficient Approach To Title Ix, Sara Krastins

St. John's Law Review

(Excerpt)

Imagine it is 1972. Congress just enacted Title IX of the Education Amendments, and it is signed into law by President Nixon. For the first time in United States history, legislators recognize sex discrimination as a pervasive issue in educational environments. The law is enacted with the purpose of ending sex discrimination in college sports; for the first few years, that is the only purpose Title IX serves.

Gradually, Title IX expands into the realm of sexual and interpersonal violence on college campuses. Yet despite the law’s expansion, compliance with Title IX is neglected. No entity actively monitors schools’ …

Roger Williams University School Of Law Commencement, May 15, 2020, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.