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Full-Text Articles in Education

The First-Semester Student: The Legal-Problem-Solving Apprentice, Kylie Fletcher Mar 2016

The First-Semester Student: The Legal-Problem-Solving Apprentice, Kylie Fletcher

Kylie Fletcher

Students are asked to answer hypothetical legal problems very early in their studies. They are typically introduced to legal-problem-solving processes (eg IRAC, FILAC, MIRAT and CLEO) very early in their first- semester subjects. An ability to answer hypothetical legal problems is critical to the student’s success at law school. In my role as a teacher in a firstsemester subject (Principles of Contractual Liability), I observe that some students remain confused about the process that they adopt to answer hypothetical legal problems well into their first semester. Further, many students fail to understand that the process they adopt can be applied …


Confronting Domestic Violence In Higher Education, Jill Engle Jan 2016

Confronting Domestic Violence In Higher Education, Jill Engle

Jill Engle

Panel presentation on Student Life, Relationships, and the Law. Panel presented at Pepperdine University.


Interprofessional Education, Lisa Bliss, Sylvia Caley, Patty Roberts, Emily Suski, Robert Pettignano Nov 2015

Interprofessional Education, Lisa Bliss, Sylvia Caley, Patty Roberts, Emily Suski, Robert Pettignano

Sylvia B. Caley

As legal educators consider how to improve the outcomes of legal education, maximizing the knowledge, skills, and values taught during the law school experience, consideration should be given to increasing interprofessional learning opportunities in the curricula. As Best Practices for Legal Education suggested, the creative thinking necessary for effective problem-solving includes an understanding of interprofessional dimensions of practice, but interprofessional opportunities are still the exception rather than the norm in legal education. Interprofessional legal education intentionally asks law students to blend the knowledge, skills, and values of two or more professions in order to address complex legal problems. Placing students …


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in …


Webex From An Instructor's Perspective, Jennifer Mart-Rice, Terri Iacobucci, Jaesook Gilbert May 2015

Webex From An Instructor's Perspective, Jennifer Mart-Rice, Terri Iacobucci, Jaesook Gilbert

Jennifer Mart-Rice

No abstract provided.


Essay Question Formative Assessments In Large Section Courses: Two Studies Illustrating Easy And Effective Use, Andrea Curcio, Gregory Jones, Tanya Washington Mar 2015

Essay Question Formative Assessments In Large Section Courses: Two Studies Illustrating Easy And Effective Use, Andrea Curcio, Gregory Jones, Tanya Washington

Tanya Monique Washington

Do formative assessments, via practice exercises accompanied by generalized feedback, make a difference in student final essay and short-answer examination performance? If so, does the practice help some students more than others? We sought to answer these questions in two studies performed with law students. We also sought to devise a duplicable model for examining those same questions across disciplines. Finally, we hoped to develop an easily workable method to provide practice and feedback to large section courses without unduly burdening faculty. This chapter discusses our findings that practice exercises and generalized feedback formative assessments can be done in large …


Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo Feb 2015

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you: Understand the implications of-and methods available for-searching personal property and employees' computers Create legally sound drug-testing policies Know what constitutes permissible student and staff searches-and what doesn't And more!


The Intracorporate Conspiracy Trap (Formerly "Perverse Incentives And Corporate Conspiracy: Why We Are Asking The Wrong Basic Question In Assessing Liability For Corporations And Their Agents"), J.S. Nelson Jan 2015

The Intracorporate Conspiracy Trap (Formerly "Perverse Incentives And Corporate Conspiracy: Why We Are Asking The Wrong Basic Question In Assessing Liability For Corporations And Their Agents"), J.S. Nelson

J.S. Nelson

In the recent case of Commonwealth v. Lynn, Pennsylvania prosecuted a Roman Catholic priest who had not abused children himself but who, to protect the archdiocese that employed him, covered up information about priests who had abused children and reassigned the priests to new parishes. This case was the first of its kind to bring criminal charges against an official of the Church solely for how he supervised the careers of priests to protect his employer.
Because the intracorporate conspiracy doctrine prohibits it, the state—as is now typical of both state and federal jurisdictions around the country—was unable to prosecute …


Real World In The Classroom, Marci Johnson, Jonathan Bull, Derrick Carter, Michael Hagenberger Jul 2014

Real World In The Classroom, Marci Johnson, Jonathan Bull, Derrick Carter, Michael Hagenberger

Jonathan Bull

This panel will discuss creating integrating real world projects into the classroom environment. Panelists include Marci Johnson (English), Jonathan Bull (Library Services), Derrick Carter (School of Law), and Michael Hagenberger (College of Engineering).


Inventing The New Classroom, Jennifer Mart-Rice, Debra Denslaw, Susan Boland, Jesse Bowman Jul 2014

Inventing The New Classroom, Jennifer Mart-Rice, Debra Denslaw, Susan Boland, Jesse Bowman

Jennifer Mart-Rice

No abstract provided.


The Conflict Of Interest Inherent In A Corporation Paying For Its Employee’S Counsel: A Better Model For Preventing And Addressing Corporate Crime, Josephine Sandler Nelson Aug 2013

The Conflict Of Interest Inherent In A Corporation Paying For Its Employee’S Counsel: A Better Model For Preventing And Addressing Corporate Crime, Josephine Sandler Nelson

J.S. Nelson

Although the U.S. Supreme Court as far back as the 1981 case of Wood v. Georgia[1] identified the inherent conflict of interest that exists when an employer controls its employee’s counsel, until now, no uniform solution has existed to protect the employee’s rights in these situations.

Currently, a single attorney, as in Wood, may often represent both the corporation[2] and the corporation’s employees.  The employer can control the employee’s defense because agency law recognizes only that the interests of the principal—the employer—are at stake.[3]  Under agency law, the employer controls the defense because it may …


Examining The Experiences And Decisions Of Parents/Guardians: Participant Directing The Supports And Services Of Adults With Significant Intellectual And Developmental Disabilities, Judith Gross, Luchara Wallace, Martha Blue-Banning, Jean Ann Summers, Ann Turnbull Jun 2013

Examining The Experiences And Decisions Of Parents/Guardians: Participant Directing The Supports And Services Of Adults With Significant Intellectual And Developmental Disabilities, Judith Gross, Luchara Wallace, Martha Blue-Banning, Jean Ann Summers, Ann Turnbull

Luchara Wallace

Participant direction is a service delivery model in which the consumer of public benefits, or his or her surrogate decision maker, exercises some level of choice and control over the consumer’s supports and services. In this case study, the authors examined the decisions and experiences of parents/guardians who directed supports and services for an adult with significant intellectual and developmental disabilities (SIDD). Respondents included the parents/guardian of the adult as well as others in the circle of support identified by the parents/guardians. Data analysis revealed an overarching theme in which respondents perceived participant direction as a means to achieve an …


Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson Dec 2012

Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson

J.S. Nelson

To address multi-dimensional conflict of interest problems in directors and officers (D&O) indemnification cases, we propose a solution that was originally developed for civil insurance cases in California, but that has an even more powerful and appropriate application in the context of criminal employee defendants.
Corporate crime costs the United States a staggering $600 billion a year. By contrast, the total cost of all non-corporate crime in 2001 from robbery, burglary, larceny-theft, and motor vehicle theft combined was $17.2 billion; less than one-third of what fraudulent activities at the single company of Enron cost investors, pensioners, and employees in the …


How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives, Jalae Ulicki Dec 2012

How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives, Jalae Ulicki

Jalae Ulicki

No abstract provided.


Statement By The Provost, Robert Brown Dec 2012

Statement By The Provost, Robert Brown

Dr Robert Brown

No abstract provided.


Scenes From A Restaurant: The Challenge Of Being Manager And Friend, Kent Kauffman Dec 2011

Scenes From A Restaurant: The Challenge Of Being Manager And Friend, Kent Kauffman

Kent D Kauffman

This decision-based critical incident involves the dilemma faced by a college student who is made the manager of a restaurant, placing her above her two close friends who also work in the restaurant. The three women not only work together, but they go to college together. Two of three friends are assistant managers for a short time, but when one is demoted and the other is promoted, the change in the professional relationship threaten the personal dynamics. Things come to a boil, as it were, when the newly minted manager delegates responsibility for the restaurant’s inventory to the restaurant’s non-managerial …


‘Needle And Stick’ Save The World: Sustainable Development And The Universal Child, Johan Dahlbeck, Moa De Lucia Dahlbeck Dec 2011

‘Needle And Stick’ Save The World: Sustainable Development And The Universal Child, Johan Dahlbeck, Moa De Lucia Dahlbeck

Moa Dahlbeck

This text deals with a problem concerning processes of the productive power of knowledge. We draw on so called poststructural theories challenging the classical image of thought – as hinged upon a representational logic identifying entities in a rigid sense – when formulating a problem concerning the gap between knowledge and the object of knowledge. More specifically we are looking at this problem in the contexts of sustainable development and childhood using illustrating examples in order to test the validity of these theoretical accounts. The examples we use range from internationally agreed documents claiming universality concerning environmental protection and childhood …


Global Law School: Teaching/Studying Abroad, Bringing It Home, Malinda Seymore Aug 2010

Global Law School: Teaching/Studying Abroad, Bringing It Home, Malinda Seymore

Malinda L. Seymore

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The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson Dec 2009

The Persistence Of Low Expectations In Special Education Law Viewed Through The Lens Of Therapeutic Jurisprduence, Richard Peterson

Richard Peterson

For more than thirty-five years a paradigm of low expectations has infected efforts to educate children with disabilities and has been a persistent and stubborn obstacle to the successful implementation of the Individuals with Disabilities Education Act (IDEA), and its predecessor, the Education of All Handicapped Children Act (EAHCA). This dilemma raises questions addressed in this paper: What is meant by low expectations in the context of Special Education Law? What are the root causes of this phenomenon, and what makes it so resistant to change? How does it impede implementation of the IDEA? And lastly, in what ways does …


Let’S “Transform” The Colts The Way We Do Public Schools: Phase 1, Jeff Abbott Dec 2009

Let’S “Transform” The Colts The Way We Do Public Schools: Phase 1, Jeff Abbott

Jeff Abbott

This article, done tongue-in-cheek, uses sarcasm to parallel the need to reform public education with the need to reform the Indianapolis Colts.


Charting And Outlining, Timothy Blevins Dec 2009

Charting And Outlining, Timothy Blevins

Timothy D Blevins

No abstract provided.


The Risk Intelligence Conundrum And Its Impact On Governance., Mark F. Loves Dec 2007

The Risk Intelligence Conundrum And Its Impact On Governance., Mark F. Loves

Mark F Loves

This paper looks at intelligence led strategic planning, specifically within the context of an operational private sector corporate security unit which the author managed from 1994 to 2005. It examines the role, mission and objectives of the unit, with specific emphasis on management models, planning frameworks, policy and strategy, client relations and performance measuring. It develops the concept that risk assessment and intelligence development are in fact the same process, acting to direct governance and informing decision making at both tactical and strategic levels.


Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison Dec 2005

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison Dec 2003

Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison

Dr. C. Keith Harrison

The termination of a collegiate athletic career is inevitable for all student athletes. The purpose of this study was to explore student athletes’ perceptions of the athletic career transition process. One-hundred-andforty- three (n = 143) National Collegiate Athletic Association (NCAA) Division II student athletes were administered the Life After Sports Scale (LASS) designed by the authors. The LASS is a 58-item mixed method inventory. The scope of this inquiry explored the qualitative section, which examined participants’ perceptions that were visually primed with a narrative description of a student athlete who made the transition out of collegiate sport successfully. Three major …


Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson Dec 1999

Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson

J.S. Nelson

No abstract provided.


No To Residential Community Child Day Care, Timothy Blevins Jun 1990

No To Residential Community Child Day Care, Timothy Blevins

Timothy D Blevins

A response to a county commissioner's plan to allow child day care business to resident in residential neighborhoods. Copy on file with author.