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Full-Text Articles in Law

Cases And Materials On Privatization, Alexander Volokh Sep 2009

Cases And Materials On Privatization, Alexander Volokh

Alexander Volokh

These are the materials for my course on privatization, and the draft for an eventual casebook.


Equality, Race And Gifted Education: An Egalitarian Critique Of Admission To New York City's Specialized High Schools, Steven V. Mazie Apr 2009

Equality, Race And Gifted Education: An Egalitarian Critique Of Admission To New York City's Specialized High Schools, Steven V. Mazie

Steven V. Mazie

Educational programs for gifted students face both philosophical and practical challenges from egalitarians. Some object that gifted schools inherently undermine a commitment to equality in education, while others observe that schools for talented students cater to privileged youth and effectively discriminate against disadvantaged minorities. This article taps into recent theorizing on equality to explore an illuminating case study: admissions policies at New York City’s so-called ‘specialized’ high schools. After dismissing less nuanced proposals on both ends of the spectrum, I draw upon Elizabeth Anderson’s theory of ‘democratic egalitarianism’ to argue that, while schools devoted to talented students could be seen …


"Let's Do The Time Warp Again": Assessing The Competence Of Counsel In Mental Health Conservatorship Proceedings, Grant H. Morris Jan 2009

"Let's Do The Time Warp Again": Assessing The Competence Of Counsel In Mental Health Conservatorship Proceedings, Grant H. Morris

Grant H Morris

Thirty years ago, I wrote an article on mental health conservatorships in California and the role of counsel for persons for whom a conservatorship has been proposed. Data was gathered on the performance of attorneys in court hearings conducted in San Diego County Superior Court. The data revealed that lawyers representing proposed conservatees were inactive and ineffective in representing their clients’ interests. The lawyers did not consider themselves advocates in an adversary process in which conservatorship was to be avoided. A year after the article was published, the California Supreme Court, citing that article as authority for the “paternalistic attitude” …


The Bridge Connecting Pontius Pilate's Sentencing Of Jesus To The New Jersey Death Penalty Study Commission's Concerns Over Executing The Innocent: When Human Beings With Human Flaws Determine Guilt Or Innocence And Life Or Death, James B. Johnston Jan 2009

The Bridge Connecting Pontius Pilate's Sentencing Of Jesus To The New Jersey Death Penalty Study Commission's Concerns Over Executing The Innocent: When Human Beings With Human Flaws Determine Guilt Or Innocence And Life Or Death, James B. Johnston

James B Johnston

No abstract provided.


Drafting Nepal's Language Policy, Sujit Choudhry Dec 2008

Drafting Nepal's Language Policy, Sujit Choudhry

Sujit Choudhry

Language will be one of the most important issues for the writers of Nepal’s new constitution. In grappling with it, there are in fact two sets of questions for Nepal to discuss. First, what does official language status actually mean? Second, how can constitutional design respond to linguistic diversity—in particular, what is the relationship between official language policies and federalism? This article explores these issues.