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Articles 1 - 13 of 13

Full-Text Articles in Law

When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry Oct 2019

When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry

South Carolina Law Review

No abstract provided.


Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Sep 2019

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas Sep 2019

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

Davison M. Douglas

No abstract provided.


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Sep 2019

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

James G. Dwyer

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …


Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins Sep 2019

Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins

Neal E. Devins

No abstract provided.


Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen Jul 2019

Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen

South Carolina Law Review

No abstract provided.


Speech Across Borders, Jennifer Daskal Jan 2019

Speech Across Borders, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …


Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder Jan 2019

Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.


Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo Jan 2019

Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Penalty Or Damages? Are There Limits To Liquidated Damages Provisions In Teacher Employment Contracts Jan 2019

Penalty Or Damages? Are There Limits To Liquidated Damages Provisions In Teacher Employment Contracts

Florida A & M University Law Review

This Article examines the validity of liquated damages provisions with regard to teacher contracts and the appropriateness of their use. Part II addresses the law of liquidated damages generally. Part III discusses one Georgia case brought by two teachers against DCSD for enforcement of its liquidated damages provision as an attempt to force the teachers to stay with the District. Part IV summarizes a review of various teacher employment contracts and types of liquidated damages clauses incorporated therein. Part IV concludes with a discussion of various issues that school districts ought to take into consideration to enhance teacher retention and …


Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock Jan 2019

Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock

Faculty Scholarship

No abstract provided.


The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein Jan 2019

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi Jan 2019

The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi

Faculty Articles

The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …