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Federalism For The New Millennium: Accounting For The Values Of Federalism, Dennis M. Cariello

Fordham Urban Law Journal

This Article explores the long and intricate history of federalism, the arrangement between the federal and local governments to serve the people, in the United States. It begins with the beginnings of federalism in pre-colonial times and continues to discuss how recent Supreme Court decisions have failed to articulate a cohesive test for federalism issues. Ultimately, the Article proposes a method for resolving federalism disputes. This method focuses on the sociopolitical and economic benefits of federalism as the Framers intended. Further, it argues that courts should inquire as to the utility of either the federal or local government regulating a …

Bilingual Education And The Law, Solange De Azambuja Lira, Maria De Lourdes B. Serpa, William T. Stokes

Journal of Pedagogy, Pluralism, and Practice

A public hearing was held before the Joint Committee on Education, Arts and Humanities on May 13, 1999 at the Massachusetts State House. It was Chaired by House Representative Harold Lane and Senator Robert Antonioni. Two House Bills, H3444 sponsored by Representative Mary S. Rogeness and H3441 Sponsored by Ronald Mariano, proposed changes to the Bilingual Education Laws, and one House Bill H3037, sponsored by Antonio F. D. Cabral, Marc Pacheco and Jarret Barrios, prohibited the Board of Education from making certain changes to the Bilingual Education Law. We testified in favor of HB3037 and against HB3444 and HB3441.

Three Prose Poems: Unnatural Acts | Easter | St. John The Divine, Anne Elezabeth Pluto

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

About The Contributors, Journal Staff

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

The University Of Puerto Rico – Colonialism And The Language Of Teaching And Learning, Pablo Navarro-Rivera

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

What Is Critical Literacy?, Ira Shor

Journal of Pedagogy, Pluralism, and Practice

We are what we say and do. The way we speak and are spoken to help shape us into the people we become. Through words and other actions, we build ourselves in a world that is building us. That world addresses us to produce the different identities we carry forward in life: men are addressed differently than are women, people of color differently than whites, elite students differently than those from working families. Yet, though language is fateful in teaching us what kind of people to become and what kind of society to make, discourse is not destiny. We can …

Journal Of Pedagogy, Pluralism And Practice, Volume 1 (4), Fall 1999 (Full Issue), Journal Staff

Journal of Pedagogy, Pluralism, and Practice

The theme of this issue is deconstructing the concept of human rights, legal elements of bilingual education, and the relationship between language development and education

A Study To Determine Beliefs Of Vocational Directors And L.E.A. Superintendents Toward The Implementation Of School-To-Work In Indiana, Mary Elizabeth Yoder

All-Inclusive List of Electronic Theses and Dissertations

The problem of this study was to determine the beliefs of LocalEducation Agency (L.E.A.) superintendents and regional vocational directors, who administer area vocational schools in Indiana, toward the federal and state school-to-work initiatives. Specifically the study sought to investigate what the impact is on the implementation of school-to-work in Indiana using the five parameters of the Putnam-Theuerkauf study which are hypothesized to be suppositions that can impede the development and implementation of school-to-work initiatives in America. The Delphi method was used in this study. It allowed the researcher to compare the judgements of a group of experts on school-to-work in …

Functional Interdependence And Product Similarity Based On Customer Needs, Daniel A. Mcadams, Robert B. Stone, Kristin L. Wood

Mechanical and Aerospace Engineering Faculty Research & Creative Works

In this paper, related product functions are determined for a group of approximately 70 consumer products. Using customer need data, a new matrix approach is introduced to identify these relationships. Techniques are then created for determining product similarity. These techniques are clarified and validated through three case studies, including beverage brewers and material-removal products. The results of these case studies are argued to have significant impact on design-by-analogy procedures, benchmarking methods, mass customization strategies and modular design. The paper concludes with a discussion of applications and related procedures for product development.

The State And The Market: Lord Kenyon And Mr. Waddington, Douglas Hay

Articles & Book Chapters

No abstract provided.

Can Community Clinics Survive?: A Comparative Study Of Law Centres In Australia, Ontario And England, Frederick H. Zemans, Aneurin Thomas

Articles & Book Chapters

This Chapter grows out of the authors' research into contemporary developments in legal aid in Canada and the international environment. It focuses particularly on community clinics and their equivalents jn Australia, Ontario and England. All three jurisdictions have adapted the American store-front legal clinic model to the needs and legal cultures of their society. Jn Ontario and England, legal aid has been dominated by the j udicare system, emphasising the case-by-case delivery of legal services by private members of the legal profession (Zemans, 1994). J\.ustralia has a mixed model, in which over half of individual casework is dealt with by …

Economic Development, Legality, And The Transplant Effect, Katharina Pistor, Daniel Berkowitz, Jean-Francois Richard

Faculty Scholarship

This paper analyzes the determinants of effective legal institutions (legality) and their impact on economic development today using data from 49 countries. We show that the way the law was initially transplanted and received is a more important determinant than the supply of law from a particular legal family (i.e. English, French, German, or Scandinavian). Countries that have developed legal orders internally, adapted the transplanted law to local conditions, and/or had a population that was already familiar with basic legal principles of the transplanted law have more effective legality than "transplant effect" countries that received foreign law without any similar …

Parallel Litigation, James P. George

Faculty Scholarship

Parallel litigation--a dispute generating multiple lawsuits--is not a new phenomenon and is not limited to celebrities or sensational controversies. Besides the publicity-generating lawsuits noted above, divorce actions have a long history of parallel lawsuits and conflicting judgments. Recent years have seen an expansion both in the incidence and the subject matter of parallel lawsuits, perhaps fueled by the traditional motivations of home-court advantage and differing laws, along with the expansion of personal jurisdiction rules in the past fifty years.

In spite of this increase, the vocabulary remains imprecise and ambiguous. Parallel litigation would seem to mean identical or mirror image …

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green

Faculty Publications

No abstract provided.

"High Crimes And Misdemeanors": Recovering The Intentions Of The Founders, Gary L. Mcdowell

Law Faculty Publications

Such serious charges by so many distinguished historians demand a careful consideration of what the Founders meant by "high Crimes and Misdemeanors": Were they only indictable crimes or did they include what one of the Framers called "political crimes and misdemeanors?" Were they offenses that a President would commit only in "the exercise of executive power" or did they also include a President's malfeasance committed in his private capacity? Were they subject to a reasonably fixed meaning or were they to be determined simply by the exercise of the "awful discretion" of those in Congress called upon to impeach and …

Memorial: Hibernia Prather Turbeville, Gail M. Daly

SMU Law Review

No abstract provided.

A Tribute To Hibernia Turbeville, Joseph W. Mcknight

SMU Law Review

No abstract provided.

Explicating The Internal Point Of View, Dennis Patterson

SMU Law Review

No abstract provided.

Finding Wittgenstein At The Core Of The Rule Of Recognition, Anthony J. Sebok

SMU Law Review

No abstract provided.

Logic, Intuition, And The Positivist Legacy Of H.L.A. Hart, Douglas Lind

SMU Law Review

No abstract provided.

Introduction, Bryan A. Garner

SMU Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Law Review

No abstract provided.

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Charles A. Japhet

SMU Law Review

No abstract provided.

Family Law: Parent And Child, James W. Paulsen

SMU Law Review

No abstract provided.

Remedying Anticipatory Repudiation - Past, Present, And Future, Dena Denooyer

SMU Law Review

No abstract provided.

The Devil And Jane Austen: Elizabeth Bennet's Temptations In The Wildnerness, Laura Dabundo

Faculty Articles

No abstract provided.

Public Health And Private Medicine: Regulation In Colonial And Early National America, Nissa M. Strottman

UC Law Journal

Historians are currently debating the role of regulation in eighteenth- and nineteenth century American public policy. Among the issues involved in this debate are the prevalence of regulation and the emerging distinction between private and public law. One historian, Morton Horwitz, has argued that the separation between private and public law, which resulted in less government regulation of commercial activities occurred early in the nineteenth century. In contrast, William Novak argues that regulation was pervasive in eighteenth- and nineteenth-century America, and that the split between private and public law did not occur until the 1870's.

This not addresses this historiographical …

In Defense Of Dissents, William J. Brennan Jr.

UC Law Journal

No abstract provided.

Quo Vadis, Prospective Overruling: A Question Of Judicial Responsibility, Roger J. Traynor

UC Law Journal

No abstract provided.