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Articles 1 - 16 of 16

Full-Text Articles in Education

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii Dec 2012

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.


Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie Dec 2012

Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie

BYU Law Review

No abstract provided.


From Grutter To Fisher: Is Justice Sandra Day O’Connor’S Legacy In Danger?, Kristina M. Campbell Oct 2012

From Grutter To Fisher: Is Justice Sandra Day O’Connor’S Legacy In Danger?, Kristina M. Campbell

The University of New Hampshire Law Review

[Excerpt] “This paper explores the impact of Justice O’Connor on the Court’s race and education jurisprudence, both in the context of primary through secondary school education and in public universities. Section II outlines Justice O’Connor’s biography and explores several external influences on the Justice. Section III reviews the Court’s race and education jurisprudence prior to Justice O’Connor’s appointment to the Court. Section IV exposes the Court’s jurisprudence in this area during Justice O’Connor’s time on the Court, with an emphasis on those opinions authored by Justice O’Connor. Section V offers an analysis of the aftermath of Justice O’Connor’s race and …


Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson Oct 2012

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

The University of New Hampshire Law Review

[Excerpt] “In many ways, the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling, and perhaps more consequential, than its fabulist forbearers. In this regard the marketing of legal education may aptly be illustrated by fable, such as that of The Trees and the Bramble Bush, which concerns the folly of electing a king. When some beautiful trees decide to look for a leader, they offer the throne to the olive, the fig and the vine; each in turn refuses, preferring to keep to its own fruitful role. The bramble steps …


Blood Forests: Post Lacey Act, Why Cohesive Global Goverance Is Essential To Extinguish The Market For Illegally Harvested Timber, Sean H. Waite May 2012

Blood Forests: Post Lacey Act, Why Cohesive Global Goverance Is Essential To Extinguish The Market For Illegally Harvested Timber, Sean H. Waite

Seattle Journal of Environmental Law

No abstract provided.


Negotiating Within A Shared Governance Format, Suzanne C. Wagner, C. Henrik Borgstrom Mar 2012

Negotiating Within A Shared Governance Format, Suzanne C. Wagner, C. Henrik Borgstrom

Journal of Collective Bargaining in the Academy

The act of unionization creates a sense of unity among faculty, however, it also creates an adversarial relationship with administration. Although both the administration and the faculty believe they have the university’s best interests in mind, contract negotiations are typically contentious and divisive. A unique process for negotiations is presented illustrating how working within a shared governance format can enable faculty and administration to work together in preparation, research and analysis, problem solving and mutual gains bargaining that results in success for both parties and, ultimately, the university.


Examining The Decline In Bargaining Power In Faculty Labor Unions In The United States: The Effects Of Reduced Monopoly Power In Providing Public Higher Education, Lynn A. Smith, Robert S. Balough Mar 2012

Examining The Decline In Bargaining Power In Faculty Labor Unions In The United States: The Effects Of Reduced Monopoly Power In Providing Public Higher Education, Lynn A. Smith, Robert S. Balough

Journal of Collective Bargaining in the Academy

This study examines the decline in the economic power of faculty labor unions in public higher education in the United States in recent years. The authors assume the labor union is a utility maximizing entity and that income accrues to the “union family.” The union family attempts to maximize this income. By analyzing collective bargaining agreements and hiring practices between the Association of Pennsylvania State College and University Faculties and the Pennsylvania State System of Higher Education, the authors construct bargaining indices. Because this study is focused on the change in bargaining power of labor unions in public higher education …


Collective Bargaining In United Kingdom Higher Education, Helen Fairfoul, Laurence Hopkins, Geoff White Mar 2012

Collective Bargaining In United Kingdom Higher Education, Helen Fairfoul, Laurence Hopkins, Geoff White

Journal of Collective Bargaining in the Academy

This article provides an overview of the collective bargaining system in United Kingdom (UK) higher education and considers some of the current challenges. The arrangements for determining the pay of staff in UK higher education reflect both the historical context of the UK funding system and the unique nature of UK industrial relations law. From World War II, the funding of UK higher education has predominantly come from central government spending with a strong central framework of policy and governance. Since the 1960s, the higher education sector has grown dramatically, both in terms of student numbers and the number of …


Universities Must Continue To Bargain, Thomas J. Kriger Mar 2012

Universities Must Continue To Bargain, Thomas J. Kriger

Journal of Collective Bargaining in the Academy

Faculty with collective bargaining rights across the nation will—and should—agree with Daniel Julius’s conclusion that “College and university leaders should continue to honor collectively negotiated agreements maintaining relationships with faculty unions.” When implemented correctly, these agreements, as Julius points out, serve the interests of both faculty and administrators. Such agreements codify and protect due process rights for both sides. They also provide both faculty and administrators with a level of predictability and stability in labor relations that are necessary on today’s complex and hectic campuses. While I agree with almost everything Julius has written here, there are a number of …


Diminished Rights Of Parents To Seek Reimbursement Under The Idea For Unilateral Placement Of Their Children In Private Schools, Ralph D. Mawdsley Mar 2012

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.


Teacher Effectiveness And Value-Added Modeling: Building A Pathway To Educational Malpractice?, Todd A. Demitchell, Terri A. Demitchell, Douglas Gagnon Mar 2012

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.


Disciplining Students With Disabilities: A Comparative Analysis Of K-12 And Higher Education, Joseph T. Dimaria Mar 2012

Disciplining Students With Disabilities: A Comparative Analysis Of K-12 And Higher Education, Joseph T. Dimaria

Brigham Young University Education and Law Journal

No abstract provided.


The Legal And Policy Implication Of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, Joseph Oluwole Mar 2012

The Legal And Policy Implication Of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, Joseph Oluwole

Brigham Young University Education and Law Journal

No abstract provided.


Grey Areas In The Higher Education Sector: Legality Versus Corruptibility, Ararat L. Osipian Mar 2012

Grey Areas In The Higher Education Sector: Legality Versus Corruptibility, Ararat L. Osipian

Brigham Young University Education and Law Journal

No abstract provided.


Learning Together: Using Adr To Improve Communication And Collaboration In Education, Clayton Cox Mar 2012

Learning Together: Using Adr To Improve Communication And Collaboration In Education, Clayton Cox

Brigham Young University Education and Law Journal

No abstract provided.


This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni Feb 2012

This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni

Journal of Collective Bargaining in the Academy

Studies of collective bargaining have often centered on technique, style and the economic data that each side can use in bargaining a labor contract. Often overlooked, however, are the more subtle factors that influence the outcome of a round of bargaining. This article will reflect upon five of those intangible influences, namely, 1) the role of history; 2) the setting of expectations; 3) the nature and character of the people in the process; 4) the aspects of timing in negotiations and 5) the element of catharsis. The author has noted these five factors in his long career at the bargaining …