Law Commons^™

The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters

Faculty Scholarship

This article celebrates the 25th anniversary of the publication of Gary Bellow and Bea Moulton's The Lawyering Process by looking at the work from personal and theoretical perspectives. From the personal perspective, the authors discuss how The Lawyering Process influenced them as teachers and scholars. From the theoretical perspective, the authors show how the book modeled various metacognitive processes. Combining the personal with the theoretical, the article shows how The Lawyering Process challenged lawyers to be-come aware of their own thinking by demonstrating how it challenged the authors to do so.

The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland

The Scholar: St. Mary's Law Review on Race and Social Justice

Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …

Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

1 page "Abstract" and 36 slides

"Doug McChesney, Manager, Policy and Planning Section, Washington Department of Ecology"

Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison

Missouri Law Review

This Article examines the school voucher debate. Because “the causes of poverty within the black community are both structural and behavioral,” and because the available evidence provides an inferential connection between education and poverty, I contend that the reigning legal and political theory as embedded in, and as explicated by the constitutional jurisprudence of the Zelman dissenters, and as exemplified by other commentators, fails to address adequately racial disparity and neglects to consider adequately the victims of the current public school hegemony. Hence, the legitimacy of much of the current opposition to school vouchers remains indefensible form an outsider perspective.

Consuming Government, Richard Schragger

Michigan Law Review

In his ambitious new book, William Fischel, a Professor of Economics at Dartmouth College, gives us a new political animal: "The Homevoter." The homevoter is simply a homeowner who votes (p. ix). According to Fischel, she is the key to understanding the political economy of American local government. By implication, she is the key to understanding state and national government as well. Homeowners warrant special attention because "residents who own their own homes have a stake in the outcome of local politics that make them especially attentive to the public policies of local government" (p. ix). That is because local …

No Other Choice: Litigating And Settling Homeless Education Rights Cases, Ryan J. Dowd

Northern Illinois University Law Review

This pragmatic article, the first exhaustive review of the issue, details how lawyer advocates can help homeless children have access to the education to which they are legally entitled. Topics discussed include: legal background and authority, seeking alternatives to litigation, litigating, settling, after a settlement is reached or a decision occurs, and the future of homeless education rights. Incorporating cases, personal interviews with the attorneys who litigated the cases, settlements, complaints, motions and other non-published court documents, state and federal statutes, state administrative codes, federal and state constitutions, congressional testimony, educational agency reports, law review articles, reports by homeless advocacy …

Beyond Training: Law Librarianship’S Quest For The Pedagogy Of Legal Research Instruction, Paul D. Callister

Paul D. Callister

The paper (I) outlines the nature and extent of the dissatisfaction with legal research instruction and demonstrates that the problem predates computer-assisted legal research, (II) presents the history of the debate (focusing on a heated exchange between advocates of a “process-oriented” approach and proponents of the traditional, “bibliographic” methods), and (III) presents the requisite elements of a satisfactory pedagogical model, discussing various issues surrounding each of these elements.

In part III, the paper proposes that a complete pedagogical model requires (A) an identifiable and fully understood objective in teaching legal research (which objective must distinguish between the kinds of research …

A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia

Fordham Journal of Corporate & Financial Law

No abstract provided.

Protection Of Children From Education In Hatred And Violence, James A.R. Nafziger

Saint Louis University Public Law Review

No abstract provided.

Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum

Publications

In this article, I briefly review the background for the latest iteration of federal special education policy, the reauthorization of the Individuals with Disabilities Education (Improvement) Act or IDEA. With a slight apology to ardent advocates for parents and children with disabilities, I then suggest ways that they and their clients can set aside their concerns about a diluted statute and learn to live with a changed legal landscape — and perhaps even flourish in an educational system that aims to raise the standards for all students. With each cycle of program review, policy revisitation and legislative revision, those who …

Comments On Title Ix, Clark C. Griffith

Marquette Sports Law Review

No abstract provided.

Title Ix And College Sport: The Long Painful Path To Compliance And Reform, Ellen J. Staurowsky

Marquette Sports Law Review

No abstract provided.

Reviewing The Play: How Faulty Premises Affected The Work Of The Commission On Opportunity In Athletics And Why Title Ix Protections Are Still Needed To Ensure Equal Opportunity In Athletics, Jocelyn Samuels

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner

Journal Articles

This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …

September 11th: Pro Bono And Trauma, Marjorie A. Silver

Scholarly Works

No abstract provided.

Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim

Fordham Law Review

No abstract provided.

The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden

Fordham Law Review

No abstract provided.

Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli

Fordham Law Review

No abstract provided.

The Colorblind Lottery, Pauline T. Kim

Fordham Law Review

No abstract provided.

Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale

Fordham Law Review

No abstract provided.

Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

First Impression, Lasting One, Marissa Moran

Publications and Research

No abstract provided.

From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan

Fordham Urban Law Journal

This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …

A New Era In Humane Education: How Troubling Youth Trends And A Call For Character Education Are Breathing New Life Into Efforts To Educate Our Youth About The Value Of All Life, Lydia S. Antoncic

Animal Law Review

The purpose of education is to create in a person the ability to look at the world for himself, to make his own decisions, to say to himself this is black or this is white, to decide for himself whether there is a God in heaven or not. To ask questions of the universe, and then to learn to live with those questions, is the way he achieves his own identity. But no society is really anxious to have that kind of person around. What societies really, ideally want is a citizenry which will simply obey the rules of society. …

Is Title Ix Really To Blame For The Decline In Intercollegiate Men's Nonrevenue Sports?, Daniel R. Marburger, Nancy Hogshead-Makar

Marquette Sports Law Review

No abstract provided.

The Analysis And Synthesis Of Litigating A Free Appropriate Public Education (Fape) As It Relates To Students Who Are Classified As Autistic: An Investigation Of New Jersey Administrative Law Decisions, David M. Miceli

Seton Hall University Dissertations and Theses (ETDs)

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Beyond Training: Law Librarianship's Quest For The Pedagogy Of Legal Research Education, Paul D. Callister

Faculty Works

The paper (I) outlines the nature and extent of the dissatisfaction with legal research instruction and demonstrates that the problem predates computer-assisted legal research, (II) presents the history of the debate (focusing on a heated exchange between advocates of a "process-oriented" approach and proponents of the traditional, "bibliographic" methods), and (III) presents the requisite elements of a satisfactory pedagogical model, discussing various issues surrounding each of these elements.

In part III, the paper proposes that a complete pedagogical model requires (A) an identifiable and fully understood objective in teaching legal research (which objective must distinguish between the kinds of research …

Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon

Fordham Urban Law Journal

This Article examines the private takeover of the management of K-12 publicly funded schools. It focuses on one particular educational management organization, Edison Schools. This Article examines the situation in Philadelphia's public schools and the efforts of a local school reform commission to revitalize K-12 education. It goes on to look into the personalities of those who started and today run Edison Schools, analyze Edison Schools financial position, and discuss the structured educational approach Edison Schools uses in it schools. This Article addresses the policy considerations behind the efforts to privatize public schools. It concludes that while Edison Schools does …

Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette

Fordham Urban Law Journal

This Comment discusses the effectiveness of the inclusion of disabled students in general classrooms, focusing particularly on the effects on non-disabled classmates. Part I of this Comment outlines the history of inclusion as established through federal legislation, as well as its gradual implementation in New York City. Part II examines the issues concerning inclusion, looking at the consequences inappropriate inclusion of disabled students may have on the non-disabled ("general") student. Finally, Part III proposes a solution, suggesting that a school district give a disabled student a "three strikes" policy regarding disruptions, after which she may be removed, permanently or temporarily, …

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …