Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, 2018 Selected Works
Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk
Herwig Schlunk
No abstract provided.
Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, 2018 William & Mary Law School
Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton
William & Mary Bill of Rights Journal
No abstract provided.
Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, 2018 SIT Study Abroad
Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski
Independent Study Project (ISP) Collection
Although reports indicate that a majority of students in Uganda are sexually abused while in school, sexual harassment and its impact on educational attainment is a rampant yet understudied problem (The Uganda National Strategic Plan on Violence Against Children in Schools, 2015). While harassment in schools by teachers and students is not the only factor leading to high dropout rates among students, the behavior of teachers and students in school, and the lack of discipline towards their actions is an internal contribution to this effect. This study aims to better understand the perceptions on what constitutes “sexual harassment” in Uganda …
#Metoo Movement: Solutions, 2018 La Salle University
#Metoo Movement: Solutions, Raquelle A. Walker-White Ms
Undergraduate Research
Sexual assault and sexual harassment is a prevalent issue that affects women at disproportionate rates on college campuses, in the workplace and in society in general. The #MeToo movement aims to bring discussion around these issues, hold sexual predators accountable for their actions, and provide a support system for survivors of sexual assault and harassment. #MeToo Movement: Solutions analyzes the scope of the problem in the United States, famous cases surrounding sexual assault, and the different solutions colleges, society in general, and legislation have put in place to combat this issue. The #MeToo Movement has made a lot of headway …
Post-Accountability Accountability, 2018 Notre Dame Law School
Post-Accountability Accountability, Nicole Stelle Garnett
University of Michigan Journal of Law Reform
Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The questions of …
Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, 2018 University of San Diego
Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton
San Diego Law Review
High in the towers of academia, the lofty ideals of free speech are tossed around with a deceptive ease. However, as legal minds grapple with heady legal doctrines, free speech has concrete consequences down at the foot of those towers. At this ivory base, the property line between the university and the community blur. Students and nonstudents assemble and deliver conflicting speech that, at times, foments violence. Molotov cocktails, gun shots, broken windows, disgruntled students. All attempts to trigger the dreaded heckler’s veto—an attempt the government has an obligation to prevent. In addition to the public relations disasters grown from …
Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, 2018 Texas A&M University School of Law
Preventing Sexual Harassment And Misconduct In Higher Education: How Lawyers Should Assist Universities In Fortifying Ethical Infrastructure, Susan Saab Fortney
Faculty Scholarship
The shocking reports of sexual misconduct involving Larry Nassar, the former physician at Michigan State University, captured attention worldwide. More than 300 women sued alleging that the university ignored or dismissed complaints. In Congressional testimony the former president of Michigan State apologized and noted that an independent review of the university's policies revealed that they were among the most robust that the consultants had seen. This raises the question as to how sexual misconduct could have gone unaddressed for many years. The answer to this question may be found in a 2018 Consensus Report of the National Academies of Sciences, …
Are Universities Schools? The Case For Continuity In The Regulation Of Student Speech, 2018 Saint Louis University School of Law
Are Universities Schools? The Case For Continuity In The Regulation Of Student Speech, Chad Flanders
All Faculty Scholarship
Are universities schools? The question seems almost silly to ask: o f course universities are schools. They have teachers and students, like schools. They have grades, like schools. There are classes and extracurricular activities, also like schools. But recent writings on the issue of 04 free speech on campus" have raised the improbable specter that universities are less educational institutions than they are public forums like parks and sidewalks, where a free-wheeling exchange o f ideas and opinions takes place, unrestricted by any sense of academic mission or school disciplinc.1 Some of this rhetoric is of course exaggerated, and …
The 2017/18 International Moots Season In Review, 2018 Singapore Management University
The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
Overview of the Season. This is the fourth annual review of Singapore’s performance in international moot competitions. As the latest moot season draws to a close, we are happy to report that the 2017/18 season has been another fairly decent one for Singapore mooters.
Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, 2018 Liberty University
Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown
Montview Journal of Research & Scholarship
In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative …
Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, 2018 St. John's University School of Law
Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson
Journal of Civil Rights and Economic Development
(Abstract)
In this critical, conceptual essay, the author argues that the School-to-Prison Pipeline (“STPP”) simply does not exist. Long before Columbine and the enactment of zero tolerance, caregivers have been wrongly harming their children, something causing them toxic stress that triggers their stress-response system, and making it nigh impossible for children easily ensnared by suspensions, expulsions, referrals to alternative schools, and SRO arrests to have the best developmental start and cognitive abilities to succeed in public schools. Further, teachers and administrators who are pressured to report great educational metrics, and for their own childhood reasons have a near inflexible need …
Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, 2018 St. John's University School of Law
Examining The School-To-Prison Pipeline: Sending Students To Prison Instead Of School, Fatema Ghasletwala
Journal of Civil Rights and Economic Development
(Excerpt)
Juvenile delinquents are often thought of as intrinsically evil. These youths are blamed for their own plight, believed to be a result of innate character flaws. However, such an obtuse perception is problematic. In many cases, these juvenile delinquents were made delinquents by a faulty system, namely, the School-to-Prison Pipeline. The School-to-Prison Pipeline is a troubling phenomenon in which students are suspended, expelled or even arrested for minor offenses instead of being sent simply to an administrator’s office. Often, these students have backgrounds of poverty, abuse, neglect, and may even have learning disabilities. Instead of being offered counseling, “unruly” …
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, 2018 Texas A&M University School of Law
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Meg Penrose
Faculty Scholarship
Article Extract:
I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, 2018 Lehigh University
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), 2018 Roger Williams University
The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Preferencing Educational Choice: The Constitutional Limits, 2018 South Carolina School of Law
Preferencing Educational Choice: The Constitutional Limits, Derek W. Black
Cornell Law Review
Rapidly expanding charter and voucher programs are establishing a new education paradigm in which access to traditional public schools is no longer guaranteed. In some areas, charter and voucher programs are on a trajectory to phase out traditional public schools altogether. This Article argues that this trend and its effects violate the constitutional right to public education embedded in all fifty state constitutions.
Importantly, this Article departs from past constitutional arguments against charter and voucher programs. Past arguments have attempted to prohibit such programs entirely and have assumed, with little evidentiary support, that they endanger statewide education systems. Unsurprisingly, litigation …
Preferencing Educational Choice: The Constitutional Limits, 2018 University of South Carolina - Columbia
Preferencing Educational Choice: The Constitutional Limits, Derek Black
Faculty Publications
Rapidly expanding charter and voucher programs threaten a new education paradigm in which access to traditional public schools is no longer guaranteed in some communities. In some instances, choice programs are phasing out traditional public schools altogether. The most harmful effects of choice, however, occur at the local level, not the state level. Thus, this Article does not challenge the general constitutionality of choice programs. Instead, the Article identifies limitations that state constitutional rights to adequate and equal education place on choice policy.
First, states cannot preference private choice programs over public education. This conclusion flows from the fact that …
The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All, 2018 Marquette University Law School
The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All
Marquette Law Review
This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.
The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to improve …
Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, 2018 Marquette University Law School
Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study
Marquette Law Review
A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing, …
Essential Questions: What To Ask About The Bar Exam, 2018 University of Miami School of Law
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Articles
No abstract provided.