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The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon

Fordham Law Review

This Note reviews the history, structure, and purpose of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA). It then describes how the two statutes intersect and interact. Next, this Note examines the existing split in the U.S. Courts of Appeals regarding the availability of § 1983 as a remedy for violations of the IDEA. This Note ultimately contends that Congress intended § 1983 suits to prevail under the IDEA and argues that school districts will be deterred from violating the statute's provisions if such suits are allowed to proceed.

Does Medellin Matter?, Janet Koven Levit

Fordham Law Review

No abstract provided.

Ordeal By Innocence: Why There Should Be A Wrongful Incarceration/Execution Exception To Attorney-Client Confidentiality, Colin Miller

Faculty Publications

No abstract provided.

Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll

Maryland Law Review

No abstract provided.

A Redesigned Immigration Selection System, Muzaffar Chishti

Cornell International Law Journal

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 40, Number 2, Winter 2008

Nebraska Transcript

2 Space and Telecom Law

7 Taking Shape: Construction Projects to Add Classrooms, Renovate Restrooms

13 What’s New in the CSO?

15 Assistant Dean Gloden Comes Back to the Good Life

17 Estop The Music

35 Giving and Receiving with Charitable Remainder Unitrusts

36 Hong First to Receive Outstanding International Alumnus Award

37 Fiala Finds That Preparation Pays In Classroom, Courtroom, Radio Booth

39 Hendry at Home in Classroom

Dean’s Message ; 9 Donor Recognition ; 10 Award of Merit ; 11 Law Library Tales & Tables ; 18 Faculty Notes ; 21 Faculty News ; 23 Graduation ; 26 …

Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen

Fordham International Law Journal

In June 2002 the Commission on Multijurisdictional Practice of the American Bar Association (“ABA”) issued a report which covered a wide range of subjects including state judicial regulation and discipline of lawyers, the special problems of large firms moving lawyers around to work in branch offices, the use of in-house counsel not licensed in the state where they work, the particular problems of federal government and military lawyers practicing as part of their official duties in states where they are not licensed, as well as model rules for admission to practice on motion, for licensing of foreign legal consultants, and …

Supreme Court Of Canada Constitutional Cases 2007: Defining Access To Justice, Patricia Hughes

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Taking a broad approach to the meaning of “access to justice”, to include not only physical and financial access to courts and tribunals, and capacity to enforce or establish rights, but also the use of the legal system to claim a share in the “goods” and realization of the values that are said to characterize Canadian society, the author analyzes several decisions of the Supreme Court of Canada in 2007 that relate to access to justice in different ways. Christie and Little Sisters (No. 2) involve the question of financial barriers to accessing the legal system; the result in both …

Drastic Action: The 1983 Course Boycott At Harvard Law School, Brando Simeo Starkey

St. Thomas Law Review

Progress often comes slower than most want. No one knows this better than black Americans. After slavery, it took another century for blacks to finally receive equal treatment under the law with the Civil Rights Act of 1964 and the Voting Rights Act of 1965. But after the big hopes following the Civil Rights Movement, the lack of progress hurt all the more. Most blacks assumed that with the dismantling of Jim Crow, equality would surely follow. This, however, was not the case. By the 1980s, few blacks still reached the pinnacle of success. The black students at Harvard were …

February 2008 Alumni Newsletter, New York Law School

Alumni Newsletters

No abstract provided.

A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel

Michigan Telecommunications & Technology Law Review

The purpose of this Note is to investigate those rules of ethics which interact with attorney blogs, placing a special emphasis on advertising rules. The central finding is that, under the Supreme Court's current First Amendment jurisprudence, attorney blogs (or, more cleverly, "blawgs") are not subject to regulation by the ethics codes of the ABA or the various state bars. Furthermore, if the Supreme Court were to, for some reason, construe blawgs as falling outside of First Amendment protection, evidence suggests that regulating this new medium would be neither desirable nor effective. Part II outlines the historical framework which underlies …

University Of Michigan Law School Faculty, 08/09, University Of Michigan Law School

Miscellaneous Law School History & Publications

Biographies of the University of Michigan Law School faculty.

Parliament’S Response To Charkaoui: Bill C-3 And The Special Advocate Regime Under Irpa, David Dunbar, Scott Nesbitt

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Supreme Court of Canada’s decision in Charkaoui and Parliament’s subsequent enactment of Bill C-3 demonstrate how the Charter dialogue between the judiciary and legislatures can enhance the protection of constitutional rights and freedoms while preserving the ability of elected officials to pursue legitimate policy objectives.The notion of constitutional dialogue suggests that Charkaoui be read as setting parameters for future legislative action, recognizing not only those aspects of the security certificate scheme where the Court found constitutional deficiencies, but also those where it found the scheme to be constitutionally sound. The Court’s conclusion that the in camera, ex parte hearing …

Aboriginal Over-Representation And R. V. Gladue: Where We Were, Where We Are And Where We Might Be Going, Jonathan Rudin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The most significant development in the criminal law for Aboriginal people over the last 25 years was the decision by the Supreme Court of Canada in R. v. Gladue. This paper looks at the background and history behind the Gladue decision, the impact or lack of impact of the decision on Aboriginal rates of over-representation and the role that the Charter, notably section 15, has played and might play in this issue over the coming years.

Correcting Native American Sentencing Disparity Post-Booker, Timothy J. Droske

Marquette Law Review

No abstract provided.

"Ephemeral Data" And The Duty To Preserve Discoverable Electronically Stored Information, Kenneth J. Withers

University of Baltimore Law Review

No abstract provided.

Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jeanna Beck, Conor R. Crowley

University of Baltimore Law Review

No abstract provided.

Comments: The Corporate Attorney-Client Privilege In Maryland After Upjohn And The Recent Corporate Scandals: Where Do The Maryland Courts Go From Here?, Jami M. Watt

University of Baltimore Law Review

No abstract provided.

Jessica Gonzales V. United States: An Emerging Model For Domestic Violence & Human Rights Advocacy In The United States, Caroline Bettinger-López

Articles

No abstract provided.

The Duty Of Care In The Llc: Maintaining Accountability While Minimizing Judicial Interference, Sandra K. Miller

Nebraska Law Review

Prior literature has analyzed the merits of contractual freedom in the LLC, but relatively few recent articles specifically address the duty of care and the unique attributes of the contemporary LLC manager. The cases reviewed in this Article involve LLCs that provide extremely important services ranging from psychiatric care to electrical power. The analysis showcases the inappropriateness of the gross negligence standard of care which has been interpreted as involving a "devil-may-care attitude or indifference to duty amounting to recklessness" -- a standard that seems particularly low for LLCs that provide important services affecting the public health and welfare. Also, …

Comprehensive Study Of Regionalism: Tools For Comparison And Evaluation, George A. Erickcek, Jason M. Preuss, Brad Watts, Claudette Robey, Kevin E. O'Brien

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.

Belonging And Empowerment: A New ''Civil Rights" Paradigm Based On Lessons Of The Past, Rebecca E. Zietlow

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of The Lost Promise of Civil Rights. By Risa L. Goluboff. Harvard University Press. 2007. Pp. viii + 376. Reviewed by: Rebecca E. Zietlow

Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens

Kentucky Law Journal

No abstract provided.

Concerning The Designation Of The Purposes For Which Certain Line Item Appropriations Are Made In The Annual General Appropriation Act., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Enactment Of The "Uniform Prudent Management Of Institutional Funds Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Use Of Moneys In The Local Government Limited Gaming Impact Fund To Provide Gambling Addiction Counseling To Colorado Residents, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Regulation Of Occupational Therapy Practitioners, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Local Affairs., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.