"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, 2012 Chapman University School of Law
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
Donald J. Kochan
As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …
The Aals Section On Women In Legal Education: The Past And The Future, 2012 Brooklyn Law School
The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, 2012 University of South Carolina - Columbia
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Faculty Publications
No abstract provided.
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, 2012 Northwestern Pritzker School of Law
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Northwestern Journal of Law & Social Policy
The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, 2012 West Virginia University College of Law
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
West Virginia Law Review
No abstract provided.
Context And Trivia, 2012 University of Michigan Law School
Context And Trivia, Samuel Brenner
Michigan Law Review
My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG HiTS 4 JESUS …
The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, 2012 Southern University Law Center
The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, Jonathan C. Augustine
Jonathan C. Augustine
America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, 2012 Southern University Law Center
America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine
Jonathan C. Augustine
In Brown v. Board of Education, the Supreme Court placed access to educational opportunities at the heart of the twentieth century Civil Rights Movement. Moreover, in Grutter v. Bollinger, a case decided almost 50-years after Brown, the Court affirmed this time-honored philosophical position. While the concept of education reform is not new, the socioeconomic realities of recent years beg the question of whether the Court’s philosophical position has been compromised by so-called failing public schools. Indeed, from an African-American perspective, education reform has become America’s new civil rights movement. As January 2012 marked the 10-year anniversary of the No Child …
Os Perigosos Sábios Do Sião I, 2012 Universidade do Porto
Os Perigosos Sábios Do Sião I, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Julga-se o grau de civilização de um país pelo relevo que nele têm os preconceitos enraízados, essas pseudo-verdades que não se discutem. Falta em espírito crítico o que sobra em demagogia. Estamos a assistir nalguns pontos da Europa, e mesmo em Portugal (onde os nossos brandos costumes e convivência ancestrais também convivem com um inconsciente coletivo de inquisição e polícia política), a um crescendo na criação de bodes expiatórios, que é uma das formas clássicas de fuga aos problemas sociais e económicos crescentes (a outra é a guerra: ainda aí não chegamos...). Descarregar a culpa sobre "os suspeitos do costume" …
An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child, 2012 Pepperdine University
An Argument For Cadillacs Instead Of Chevrolets: How The Legal System Can Facilitate The Needs Of The Twice-Exceptional Child, Kim Millman
Pepperdine Law Review
No abstract provided.
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, 2012 Pepperdine University
Retaining Diversity In The Classroom: Strategies For Maximizing The Benefits That Flow From A Diverse Student Body, Chris Chambers Goodman
Pepperdine Law Review
In Grutter v. Bollinger, the United States Supreme Court addressed the issue of whether diversity is a sufficiently compelling government interest to justify an affirmative action program that considered race and ethnicity in allocating law school admission offers. The Court determined that diversity was a compelling interest, resolving the conflict in the federal circuits on that issue. In this article, Goodman argues that the courts must examine the tightness of the fit between the goal of either achieving diversity or of realizing the benefits that flow from a diverse student body, and the means used to try to accomplish either …
Diversity As A Dead-End , 2012 Pepperdine University
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, 2012 Pepperdine University
How Strictly Scrutinized?: Examining The Educational Benefits The Court Relied Upon In Grutter, Patrick M. Garry
Pepperdine Law Review
In Grutter v. Bollinger, the Court recognized student body diversity as a compelling state interest that justified the use of racial preferences in selecting applicants for admission to public university law schools. Normally, any state action reviewed under a strict scrutiny approach is destined for invalidation. But in Grutter, the Court bucked the trend and upheld the race-based admissions policy against a racial discrimination challenge brought under the Fourteenth Amendment's equal protection clause. Given the rarity of a state action surviving strict scrutiny review, it is instructive to examine the nature of the diversity interest recognized by the Court in …
"Making Excellence Inclusive" In Education And Beyond, 2012 Pepperdine University
"Making Excellence Inclusive" In Education And Beyond, Alma Clayton-Pedersen, Sonja Clayton-Pedersen
Pepperdine Law Review
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, 2012 Pepperdine University
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Pepperdine Law Review
No abstract provided.
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, 2012 Pepperdine University
New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards
Pepperdine Dispute Resolution Law Journal
This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …
Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , 2012 Pepperdine University
Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau
Pepperdine Dispute Resolution Law Journal
The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …
Diminished Rights Of Parents To Seek Reimbursement Under The Idea For Unilateral Placement Of Their Children In Private Schools, 2012 Brigham Young University Law School
Diminished Rights Of Parents To Seek Reimbursement Under The Idea For Unilateral Placement Of Their Children In Private Schools, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, 2012 Brigham Young University Law School
Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo
Brigham Young University Education and Law Journal
No abstract provided.
Teacher Effectiveness And Value-Added Modeling: Building A Pathway To Educational Malpractice?, 2012 Brigham Young University Law School
Teacher Effectiveness And Value-Added Modeling: Building A Pathway To Educational Malpractice?, Todd A. Demitchell, Terri A. Demitchell, Douglas Gagnon
Brigham Young University Education and Law Journal
No abstract provided.