Law Commons^™

Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas

Graduate Student Publications and Research

The legal myth of thirds is the belief that each graduating class of law students can be divided into thirds where the top third end up becoming law professors, the middle third become judges and the bottom third become lawyers. Such discourse is indicative of a meritocratic society and a 2014 survey done at a small New England law school found that 36.9% of respondents (N=92) have indeed heard that this was the case. The authors feel that the mere existence of such a rumor suggests that there is concern regarding intra-professional stratification. Using data from the American Bar Foundation’s …

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.

Peace Building Through Education Reforms Case Study: Objectives And Philosophy Of Jordanian Educational System, Megan Mckeown

Independent Study Project (ISP) Collection

In the field of peacebuilding, education reform is the most tangible way to propel forward and build positive change. Access to schooling is not the only factor that will eradicate structural violence and inequality in our world. This can be seen with violence and inequality increasing even though educational enrollment has reached upwards of 90% in developing areas. We must begin a movement to learn from educational systems already in place, to pinpoint their strengths and expand on them, discover possible themes to change, and suggest diverse avenues to overcome obstacles for achieving social justice and peace. The ensuing research …

The Ironies Of Affirmative Action, Kermit Roosevelt Iii

All Faculty Scholarship

The Supreme Court’s most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people’s expectations—or their fears. The Court did not explicitly change the current approach in any substantial way. It did, however, signal that it wants race-based affirmative action to be subject to real strict scrutiny, not the watered-down version featured in Grutter v. Bollinger. That is a significant signal, because under real strict scrutiny, almost all race-based affirmative action programs are likely unconstitutional. This is especially true given the conceptual framework the Court has created for such programs—the way …

Preparing For Service: A Template For 21st Century Legal Education, Michael J. Madison

Articles

Legal educators today grapple with the changing dynamics of legal employment markets; the evolution of technologies and business models driving changes to the legal profession; and the economics of operating – and attending – a law school. Accrediting organizations and practitioners pressure law schools to prepare new lawyers both to be ready to practice and to be ready for an ever-fluid career path. From the standpoint of law schools in general and any one law school in particular, constraints and limitations surround us. Adaptation through innovation is the order of the day.

How, when, and in what direction should innovation …

Policing Cyber Bullying: How Parents, Educators, And Law Enforcement Respond To Digital Harassment, Ryan Broll

Electronic Thesis and Dissertation Repository

Some prior research has emphasised how adults ought to address cyber bullying, yet little is known about how they actually prevent and respond to digital harassment. This study addresses this gap in the literature by exploring the formal and informal “policing” of cyber bullying by a network of security actors: parents, teachers and school administrators, and the public police. Data were collected through a mixed methods research design consisting of semi-structured qualitative interviews with eight parents, 14 teachers, and 12 members of law enforcement (n = 34) and quantitative surveys completed by 52 parents.

Drawing upon nodal governance theory as …

New Jersey's Opportunity Scholarship Act: A Step In The Right Direction, Joseph W. Catuzzi

Brigham Young University Education and Law Journal

No abstract provided.

Executive Action In The Face Of Congressional Inaction: Education Waivers Circumventing The Legislative Process, Courtney K. Morgan

Brigham Young University Education and Law Journal

No abstract provided.

Visions Of The Future Of (Legal) Education, Michael J. Madison

Articles

One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

Right-Skilling: Rabbis And The Rabbinic Role For A New Century, Barak D. Richman, Daniel Libenson

Faculty Scholarship

This chapter applies Clayton Christensen's model of organizational innovation to Jewish contexts. It observes a parallel between the many challenges that currently confront U.S. healthcare and American Jewry: a mismatch in the skills acquired by professionals and the needs expressed by the broader public; expensive institutions with high fixed costs that are struggling to provide value and maintain sustainable revenues; a failure to respect individual autonomy and cultural mores; and a disenfranchised public that suffers from high costs and unmet demand for meaningful services. It then applies Christensen's adapted model for the healthcare sector to American Jewish institutions, suggesting reforms …

African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple

Doctoral Dissertations

Many traditional historical texts of the United States are missing the voiced presence of African Americans. Existing historical texts concerning desegregation in the South, and particularly in Tennessee, are missing African Americans’ experienced perspectives during racial desegregation in Oak Ridge, Tennessee. The intention of this dissertation is to use oral history as a methodology to document the memories of seven African Americans who participated in the racial desegregation of Oak Ridge, Tennessee public schools. Critical race theory is the interpretive lens used to analyze the interviews. The oral historical accounts contained in this study suggest African Americans have a unique …

How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.

The New Normal, Hannah M. Frantz

SURGE

On September 19, 2013 an individual wielding a military-grade assault rifle fired sixteen bullets into a Chicago park harming thirteen individuals, among them a 3-year old named Deonta Howard who was shot in the cheek.

On September 16, 2013 a man by the name of Aaron Alexis opened fire on the cafeteria at the Navy Yard in Washington D.C. Thirteen people died, and eight others were injured.

On December 14, 2012 Adam Lanza shot twenty-six people—twenty of whom were children between the ages of 6 and 7—in Newtown, Connecticut. Barack Obama called it the “worst day of [his] presidency.”

On …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Undocumented Student Success: Navigating Restraints Related To Retention, Ronald Hallett

Ronald Hallett

Undocumented college students face multiple barriers. This case study explores how a group of undocumented Latino/a students maintained a peer network. Using Stanton-Salazar's frameworks of empowerment agents, I discuss how students created a space on campus and navigated internal tensions threatening solidarity, including inclusion/exclusion, competition/support, and personal support/political engagement.

Exploring German And American Modes Of Pedagogical And Institutional Sustainability: Forging A Way Into The Future, Lindon N. Pronto

Pitzer Senior Theses

Rooted deep in Germany's past is its modern socio-political grounding for environmental respect and sustainability. This translates into individual and collective action and extends equally to the economic and policy realm as it does to educational institutions. This thesis evaluates research conducted in Germany with a view to what best approaches are transferable to the United States liberal arts setting. Furthermore, exemplary American models of institutional sustainability and environmental education are explored and combined with those from abroad to produce a blueprint and action plan fitting for the American college and university.

Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi

Northwestern Journal of Law & Social Policy

The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …

Social Capital And Homeless Youth: Influence Of Residential Instability On College Access, William Tierney, Ronald Hallett

Ronald Hallett

This article examines the experiences homeless youth face and the influence of social networks on their education. Using a social capital framework, we analyze the experiences that are different for poor youth in general and those homeless. Data used include interviews with 123 homeless youth and more than 40 policymakers, school counselors, and after-school program coordinators. Youth identified three aspects of their lives that influence network development associated with college access: mobility and stability, meeting basic needs, anonymity and shame. The temporary nature of their residential stability requires a systematic response by educational institutions.

Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …

Utilizing The Past To Shape The Future: The Rehabilitation Of Child Soldiers In Darfur, Michael K. Marriott

Michael K Marriott

Child soldiering, an unfortunate reality of war, has become increasingly common in modern warfare. With world attention focused on the genocide taking place in the Darfur region of Sudan, issues regarding the use of child soldiers in the conflict have come to light. By providing an overview of the use of child soldiers both globally and in Sudan, discussing the relevant legal norms theoretically governing the country and providing a case study on Sierra Leone, this paper ultimately provides an analysis and proposed framework for comprehensive programs that could be put into action after cessation of hostilities in an attempt …

Special Education, Poverty, And The Limits Of Private Enforcement, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

This Article examines the appropriate balance between public and private enforcement of statutes seeking to distribute resources or social services to a socioeconomically diverse set of beneficiaries through a case study of the federal special education law, the Individuals with Disabilities Education Act (IDEA). It focuses particularly on the extent to which the Act’s enforcement regime sufficiently enforces the law for the poor. The Article responds to the frequent contention that private enforcement of statutory regimes is necessary to compensate for the shortcomings of public enforcement. Public enforcement, the story goes, is inefficient and relies on underfunded, captured, or impotent …

Inside Unlv, Diane Russell, Shane Bevell, Cate Weeks, Mamie Peers

Inside UNLV

No abstract provided.

College Knowledge: An Assessment Of Urban Students’ Awareness Of College Processes., Douglas Burelson, Ronald Hallett, Daniel Park

Ronald Hallett

The contemporary college or university campus is a complex and dynamic environment that requires students to navigate myriad institutional processes. College preparedness is not simply a matter of being academically ready for postsecondary-level work, but also requires that students have a procedural knowledge of other university processes - what we define herein as "college knowledge." This article presents that results of an evaluation of a college preparation program that focuses on college knowledge and provides a road map for designing an effective college knowledge program.

When A Group Presentation Isn’T Enough: Financial Aid Advising For Low-Income Urban College Bound Students, Kristan Venegas, Ronald Hallett

Ronald Hallett

Group presentations are the common ways to communicate information about financial aid to high school students. This article discusses the value of group presentation and suggests that additional techniques should supplement this approach, especially in the case of low-income urban college-bound students.

Coming Together: New Taxonomies For The Analysis Of Social Relations, Karen Cerulo, Janet M. Ruane

Department of Sociology Faculty Scholarship and Creative Works

In previous work, we have noted a certain rigidity in sociology's approach to the topic of social relations (Cerulo 1997; Cerulo and Ruane 1997; Cerulo, Ruane, and Chayko 1992). With few exceptions, literature on the subject dichotomizes social relations with reference to the scope of the interaction (small group versus large group) and the mode by which social actors connect (direct connections versus mediated connections). Further, many researchers implicitly rank the social value of each relational form. Sociologists typically identify a society's primary and most valuable relations as the result of direct, physically copresent exchange, exchange involving relatively few interactants. …

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Benerd College Faculty Articles

Hallett provides a review of research project related to McKinney-Vento.

"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Ronald Hallett

Hallett provides a review of research project related to McKinney-Vento.

Inside Unlv, Gian Galassi, Nancy Syzdek, Erin O'Donnell, Carol C. Harter, Diane Russell, Cate Weeks

Inside UNLV

No abstract provided.