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Full-Text Articles in Law

The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki Nov 1995

The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki

Department of Counseling Scholarship and Creative Works

Model legislation seeks to facilitate uniformity of counselor licensure laws and promote accepted professional standards. The text of the model bill as endorsed by the 1994 American Counseling Association Governing Council is provided with commentary accompanying those sections in which significant changes have occurred. The article concludes with 15 specific suggestions based on experiences gained in the development and implementation of previous legislation for licensed professional counselors.


State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise Oct 1995

State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers Oct 1995

New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers

UF Law Faculty Publications

Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed …


Remark: Brown V. Board: Revisited, Michael A. Middleton Oct 1995

Remark: Brown V. Board: Revisited, Michael A. Middleton

Faculty Publications

[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …


The Court Vs. Educational Standards, Michael Heise Jul 1995

The Court Vs. Educational Standards, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise Jul 1995

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas Jan 1995

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Popular Media

No abstract provided.


Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson Jan 1995

Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson

Law Faculty Publications

The use of minority scholarships to create a diverse student body and to remedy past discrimination has been the subject of considerable controversy in recent years. Although such scholarships constitute a small percentage of financial aid for higher education, opponents of minority scholarships argue that they unfairly discriminate against non-minority students on the basis of race. In Podberesky v. Kirwan, the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court …


Balanced Scholarship And Racial Balance, Brian K. Landsberg Jan 1995

Balanced Scholarship And Racial Balance, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …


The Federal Government And The Promise Of Brown, Brian K. Landsberg Jan 1995

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …


America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway Jan 1995

America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This book takes the position that public schools can be saved if we can learn from history, discard ineffective methods and policies, and recognize the essential elements of quality education. Chapter 1 reviews reports that have portrayed a crisis in American public education. Chapter 2 examines disparities in public- and private-education costs. The third chapter examines education-reform movements, particularly the choice movement, and identifies the ingredients of effective education. The fourth chapter reviews the history of American public education, with a view to understanding today's school system. The legacy of racial discrimination is described in the fifth chapter. Chapter 6 …


Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich Jan 1995

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Journal Articles

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.


Forty Years In The Desert, Paul F. Campos Jan 1995

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.


Book Review. Normative And Going Nowhere, Kevin D. Brown Jan 1995

Book Review. Normative And Going Nowhere, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford Jan 1995

The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.