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2012

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Articles 61 - 90 of 214

Full-Text Articles in Law

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo Aug 2012

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

San Diego Law Review

One of the most enduring educational debates of the past three decades has dealt with the legality and advisability of sex-segregated education. This debate can often look confusing, given a large number of debaters and the diversity of their perspectives and agendas. More than this diversity, however, the debate is confusing because the debate has been structured as a contest between the "innovation" of sex-segregated education and status quo coeducation. Missing from the debate is a comparison between reformed coeducation and a single-sex alternative, a comparison that is markedly more useful in determining what ought to be done about the …


Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern Jul 2012

Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern

Pepperdine Law Review

No abstract provided.


Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding Jul 2012

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.


Golden Gate Names Interim Dean, Cynthia Foster Jul 2012

Golden Gate Names Interim Dean, Cynthia Foster

2012-2017: Rachel Van Cleave

No abstract provided.


Comunicação Política, Paulo Ferreira Da Cunha Jul 2012

Comunicação Política, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A sociedade de hipercomunicação e de espetáculo têm regras novas, que ainda não terão sido completamente assimiladas. Neste artigo se reflete quase aforisticamente sobre os problemas do diálogo em relação com a educação dos participantes, as bases de comunhão em que qualquer discussão tem de basear-se, o discurso do poder para o povo e do povo para o poder, as figuras deste, a perceção e a caricatura da realidade com aquele fim, e finalmente o papel comunicativo do representante.


Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams Jul 2012

Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams

Faculty Publications

This article discusses two reasons why likening bullying victimization to an educational disability makes sense. First, face-to-face bullying and cyberbullying impose on student victims the sort of educational deprivation that the federal Individuals with Disabilities Education Act (IDEA) addresses in the disabilities arena. Second, today’s belated public sensitivity to school bullying victims resembles the belated public sensitivity to students with disabilities that led to passage of the IDEA in 1975.


Dead Document Walking, Gary S. Lawson Jul 2012

Dead Document Walking, Gary S. Lawson

Faculty Scholarship

As this symposium commences, originalism is a hot topic to discuss and a cool position to advocate. Either portion of that statement would have been nearly inconceivable two decades ago when I started in academia. Originalism at that time was something of an intellectual backwater, with a very limited set of adherents and an even more limited set of critics who were willing to take originalist ideas seriously.1


How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia Jul 2012

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

UF Law Faculty Publications

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …


Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas Jul 2012

Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas

Indiana Law Journal

Jerome Hall Lecture, Indiana University Maurer School of Law, Bloomington, Indiana, January, 2011.


Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha Jun 2012

Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Açoitado pela crise, o País está crispado, e aponta o dedo a bodes expiatórios. Os verdadeiros culpados pela crise são porém fáceis de encontrar - e nalguns países encontraram-nos, julgaram-nos e condenaram-nos. Mas é interessante como aqui se desviam as atenções para grupos tradicionalmente estigmatizados pelas culpas alheias. Um dos alvos preferidos são os funcionários públicos.


Direito À Língua Portuguesa E Lusofonia, Paulo Ferreira Da Cunha Jun 2012

Direito À Língua Portuguesa E Lusofonia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há manobras de diversão no problema do Direito à Língua, nos países lusófonos. Não é o Acordo ortográfico que nos deita os parentes na lama (muita da argumentação contra ele parece ser xenófoba, preconceituosa, etc.). O que realmente nos prejudica a língua e a cabeça lusófona é a capitulação provinciana de muitos de nós e das nossas instituições ao falar e ao pensar da globalização. Porque a Língua é a casa do ser, se falarmos (e pensarmos) muito numa língua alheia, a nossa cabeça começa a moldar-se à cosmovisão desse idioma. Sem prejuízo, é claro, da necessidade de conhecer o …


The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery Jun 2012

The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery

Washington International Law Journal

The hukou system in China uses residency permits to divide Chinese citizens into urban and rural dwellers. A person’s hukou status determines his or her access to state services. Under normal circumstances, a person with a rural hukou status is not eligible for state services in urban areas, and vice versa. Because hukou is primarily inherited from one’s parents at the time of birth, children born in urban areas to parents with rural hukou are similarly designated as rural hukou holders. As a result, children living in cities with rural hukou are ineligible for enrollment in urban public schools even …


The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer Jun 2012

The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer

Faculty Publications

Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.


Law And Policy Entrepreneurs: Empirical Evidence On The Expansion Of School Choice Policy, Michael Heise Jun 2012

Law And Policy Entrepreneurs: Empirical Evidence On The Expansion Of School Choice Policy, Michael Heise

Cornell Law Faculty Publications

This study leverages event history analysis to help explain the expansion of public charter school legislation between 1991–2006. This study expands previous work in two important ways. First, while critical distinctions separate public charter school and school voucher programs, both fall comfortably within the broader rubric of “school choice.” As such, it is difficult to understand the development of state legislation for one school choice variant independent of the other. Thus, this analysis includes the presence of publicly- or privately-funded voucher programs in a state as a possible factor influencing the adoption of charter school legislation in a state. Second, …


Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett Jun 2012

Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett

Journal Articles

An essay is presented on Catholic and charter schools and the closing of such schools in the U.S. The academic performance, parental involvement and the after-school religious education targeted for charter school students is discussed. The connections between the Catholic and charter schools and the legal issues governing conversion to charter schools is also discussed along with the concerns in the urban community due the closure of Catholic schools.


A Crise Económico-Financeira Europeia: Preconceitos E Realidades, Paulo Ferreira Da Cunha May 2012

A Crise Económico-Financeira Europeia: Preconceitos E Realidades, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Uma cortina de fumo pseudo-científica obnubila a realidade de um ataque brutal aos países periféricos da Europa, mais especificamente aos da grande civilização mediterrânica: grecos e latinos. Como é possível que quem tanto legou à Europa e ao Mundo seja agora estigmatizado como preguiçoso e caloteiro? Há uma guerra económica coberta por uma guerra ideológica. E nesta última os próprios visados (e alguns que deles deveriam ser solidários) deixam-se lamentavelmente convencer e autoflagelam-se como culpados. Há culpados, mas não são Povos que sempre viveram com dificuldades...


The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell May 2012

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.


Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr. May 2012

Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.

Taiwo Adebola Odumosu Mr.

The incorporation of non-profit bodies in Nigeria is governed by the Companies and Allied Matters Act, 2004 (‘the Act’). The Corporate Affairs Commission (CAC) is vested with responsibility for non-profit organisations. The CAC has branches in most State capitals of the Federation and its headquarters is based in Abuja, the Federal Capital Territory. Before applying to the CAC for incorporation of a non-profit body, one must check that the name of the new entity is not already in use. This can be done by purchasing an Availability Form, which costs very little. In Nigeria only legal practitioners, and to some …


Individualismo, Massas E Direito, Paulo Ferreira Da Cunha May 2012

Individualismo, Massas E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Reflexões sobre o "ethos" nacional, a presente crise e a encruzilhada em que os juristas e sobretudo os constitucionalistas se encontram: entre refugiarem-se no formalismo ou aplicarem a Constituição e zelarem pela Justiça.


Traditional And Charter School Funding In Arkansas, Reed Greenwood, Gary W. Ritter May 2012

Traditional And Charter School Funding In Arkansas, Reed Greenwood, Gary W. Ritter

Policy Briefs

Charter schools, once considered an anomaly, are becoming increasingly common in the U.S. There are concerns among some education stakeholders that charter schools pull funding away from traditional public schools, since a large portion of education funds follow the student to the charter school. Conversely, some argue that there are funding inequities that favor public schools. These individuals claim that since charter schools are public schools, the funds allocated to them should be the equivalent of that received by the traditional public schools. This brief examines funding of traditional and charter schools in Arkansas


Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer May 2012

Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer

Honors Scholar Theses

This study explored how knowledgeable pre service teachers in the Neag School of Education at the University of Connecticut were in the field of student rights and tort liability. This field has grown in importance due to a recent increase in student lawsuits and the expectations that teachers know these laws when they become certified. A total of 183 students were given a survey in their education classes with 27 statements of famous misconceptions about student rights and tort liability. Students were asked to determine if these statements were true or false and how confident they were in their answer. …


Transition To Adult Life: Advocating For Adolescents With Asd, Rosemary Mullaly Esq. May 2012

Transition To Adult Life: Advocating For Adolescents With Asd, Rosemary Mullaly Esq.

Annual Foundations Behavioral Health/La Salle University Autism Spectrum Disorders Conference

Parents and professional will become better informed regarding the transition to adult life legal mandates. It will provide suggestions on how to ascertain a student’s present levels of functioning related to transition goals and will explain how to best advocate for adolescents in planning transition that will provide meaningful options for life after school.

This program is designed to help you…

  1. Learn about the transition to adult life mandate under the Individuals with Disabilities Education Act.
  2. Understand the unique challenges faced by adolescents with autism as they exit out of school-age educational programming and the benefit of an early start …


Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal May 2012

Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal

Pepperdine Law Review

No abstract provided.


Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood May 2012

Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood

Doctoral Dissertations

This study examined judicial influence on academic decision-making by identifying factors in the tenure process that have induced courts to rule against higher education institutions in litigation stemming from tenure denials. Many interdisciplinary legal and educational studies have been conducted pertaining to tenure related litigation using qualitative, quantitative, and legal research methodologies. Empirical studies have been directed at varied issues, such as the peer review process; specific claims, such as discrimination; types of institutions; or time periods. Much of this scholarship has noted the importance of judicial deference to decisions made in academia. Unique to this study was the application …


Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha May 2012

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Zorka Karanxha

No abstract provided.


No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang May 2012

No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang

Buffalo Law Review

No abstract provided.


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears May 2012

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

University of Richmond Law Review

No abstract provided.


The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller May 2012

The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller

University of Richmond Law Review

No abstract provided.


Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen May 2012

Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen

BYU Law Review

No abstract provided.


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears May 2012

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

Law Student Publications

The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.