Law Commons^™

Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson

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A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …

Assessing Law Students As Reflective Practitioners, Margaret Reuter

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We begin with two premises. One, legal educators, particularly clinical faculty who teach experiential courses, aim for their students to become reflective practitioners. Two, despite the highly personal nature of reflection, law faculty can assess law students’ ability to reflect meaningfully by reviewing and evaluating their reflective journals and essays. This is a story about the three authors of this essay: the genesis of our teaching techniques in reflective practice; how we discovered our similar approaches to assessing reflective practice; and how we have embarked on a project to discover whether a rubric we developed collectively can become the basis …

The Second Amendment On Campus, Allen K. Rostron

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No abstract provided.

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

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No abstract provided.

Producing Better Mileage: Advancing The Design And Usefulness Of Hybrid Vehicles For Social Business Ventures, John E. Tyler, Evan Absher, Kathleen Garman, Anthony J. Luppino

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Since 2008 approximately half of the states in the U.S. have enacted statutes permitting “hybrid” business forms that blend aspects of traditional for-profit ventures with characteristics normally associated with traditional non-profit entities. This article analyzes theoretical, academic, practical, legal, and regulatory questions regarding the extent to which the existing hybrids are suited to achieving social purposes objectives, including in comparison to modified traditional forms of business organization. Finding the current fleet of hybrids an innovative, useful start, but with need to evolve, this article proposes statutory language (set forth in a detailed appendix, and summarized in the article text), and …

School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron

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No abstract provided.

Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education, David S. Cohen, Nancy Levit

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Since federal regulations authorized single-sex education in 2006, there has been an explosion of single-sex schools and classes. Although the Supreme Court has not ruled, three federal court decisions have addressed the constitutionality of single-sex classes, and the issue will percolate toward Supreme Court review soon. The arguments are that parents should have choices and “diversity” of educational options, that “brain research” shows that boys and girls are so biologically different to need sex-specific educational environments, that educational outcomes are better, and single-sex learning environments allows boys and girls to break through gender stereotypes. This article dissects these arguments within …

Where Schools Close In Chicago, Randall K. Johnson

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It is often assumed that schools close, disproportionately, in disadvantaged parts of Chicago. The assumption, however, has yet to be substantiated by research. As a result, this article tests the assumption in order to explain where schools close in Chicago. It does so by introducing a new Chicago Public School (CPS) closings dataset. The dataset sheds some light on the phenomenon by identifying 130 schools that closed, twenty-seven ZIP codes that experienced CPS closings and three demographic characteristics of these ZIP codes. In the process, this dataset helps to explain how CPS closings relate to race, income and location.

A Content Analysis Of Protective Factors Within States' Antibullying Laws, Lori M. Weaver, James R. Brown, Daniel B. Weddle, Matthew C. Aalsma

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No abstract provided.

To Return From Where We Started: Revisioning Of Property, Land Use, Economy, And Regulation In America, John W. Ragsdale Jr

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No abstract provided.

Affirmative Action, Justice Kennedy, And The Virtues Of The Middle Ground, Allen K. Rostron

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When the Supreme Court hears arguments this fall about the constitutionality of affirmative action policies at the University of Texas, attention will be focused once again on Justice Anthony Kennedy. With the rest of the Court split between a bloc of four reliably liberal jurists and an equally solid cadre of four conservatives, the spotlight regularly falls on Kennedy, the swing voter that each side in every closely divided and ideologically charged case desperately hopes to attract. Critics condemn Kennedy for having an unprincipled, capricious, and self-aggrandizing style of decision-making. Though he is often decisive in the sense of casting …

Lessons Learned About Classroom Teaching From Authoring Computer-Assisted Instruction Lessons, Barbara Glesner Fines

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No abstract provided.

A Law Clinic Systems Theory And The Pedagogy Of Interaction: Creating Legal Learning System, Patrick C. Brayer

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This article introduces a clinical systems approach that reframes professional experience as an interaction with a professional environment. The article encourages clinical faculty and other legal educators to contemplate the pedagogy of systemic interaction when teaching from experience and to then expand professional interactive opportunities within the short period of student participation. Clinical systems theory operates on the premise that students should reframe how they look at their surroundings so that the challenges that make up their professional system are not seen as problems but as means to a solution. Reframing by the student is realized in a clinical system …

Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino

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No abstract provided.

Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson

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Introduction to the 2007 University of Missouri-Kansas City Law School’s inaugural Sports Law Symposium. The symposium created a forum that contributed to developing intellectual synergies among national sports law scholars, practicing sports law attorneys, athletic directors, coaches, sports industry professionals, and, importantly, student-athletes. The engagements created revolved around the theme of emerging legal issues affecting amateur and professional sports. The symposium featured scholarly presentations in the amateur and professional sports areas. Scholarly inquiry focused on a range of topics, from the economic and legal issues affecting the coaching profession to balancing gender and minority gender equity under Title IX. The …

Blurring The Boundary Lines Between Amateur And Professional Sports, Kenneth D. Ferguson

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The NCAA expends substantial resources to insure that the distinction between amateur and professional sports is maintained in collegiate athletics. Preserving the boundary lines between amateur and professional sports is more than an attempt to ensure philosophical purity or a nostalgic quest for historic preservation. The boundaries between amateur and professional sports are maintained by legal doctrines in several areas.

Application of tort law to coaches' liability for conduct leading to injuries to athletes reflects and preserves the boundary lines between professional and amateur sports. Although the implied assumption of risk doctrine should preserve that distinction, some courts have applied …

Fundamental Principles And Challenges Of Humanizing Legal Education, Barbara Glesner Fines

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No abstract provided.

Calling For Stories, Nancy Levit, Allen Rostron

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Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …

Clients As Teachers, Barbara Glesner Fines

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No abstract provided.

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

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Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

The Imperium Strikes Back: The Need To Teach Socioeconomics To Law Students., William K. Black

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No abstract provided.

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

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The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

Separating Equals: Educational Research And The Long-Term Consequences Of Sex Segregation, Nancy Levit

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The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex.

While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …

Competition And The Curve, Barbara Glesner Fines

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In judging pedagogical issues, most law professors favor their own experiences as students: the best way to teach is the way they were taught. I suspect that I am no different in this respect. Unlike most faculty, however, I was taught without the grading game playing a central role in my education. My undergraduate education was at a small, public, interdisciplinary, liberal arts college, with no departments, no majors, no curricular requirements to speak of, no tests and, most critically, no grades. I loved my education. It stays with me today. I attribute that retention and enthusiasm to the learning …

Teaching Assistants: Study Of Their Use In Law School Research And Writing Programs, Julie M. Cheslik

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No abstract provided.

Teaching Ethics: The Role Of The Law Schools, The Courts And The Bar, Ellen Suni

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No abstract provided.

Fear And Loathing In The Law Schools, Barbara Glesner Fines

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No abstract provided.

Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder

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No abstract provided.

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

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No abstract provided.

Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr

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No abstract provided.