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Full-Text Articles in Law

Higher Education Experiences Of International Faculty In The U.S. Deep South, Elizabeth Omiteru, James Martinez, Rudo Tsemunhu, Eugene F. Asola Dec 2018

Higher Education Experiences Of International Faculty In The U.S. Deep South, Elizabeth Omiteru, James Martinez, Rudo Tsemunhu, Eugene F. Asola

Journal of Multicultural Affairs

Immigration was one of the key issues from within the Obama administration. One focus of the administration was to retain brilliant foreign scholars who have studied in the United States (U.S). Rather than let International Faculty return to their countries after completing their programs, employers found it advantageous to retain these professionals to boost the United States workforce. Higher education was one of the government sectors that experienced an increase in the numbers of foreign nationals choosing to remain in the United States after completing their degrees. What many International Faculty may be oblivious of, and which their programs of …


Challenging Calls For Civility, Reshmi Dutt-Ballerstadt Oct 2018

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.


The Nebraska Transcript, Fall 2018, Vol. 51 No. 2 Oct 2018

The Nebraska Transcript, Fall 2018, Vol. 51 No. 2

Nebraska Transcript

1 Dean's Message

2 Faculty Notes

6 Professor Jessica Shoemaker awarded Fulbright

7 Bill Fisher joins faculty as visiting professor

7 Anna Shavers named associate dean for diversity and inclusion

8 Colleen Medill receives University Faculty Excellence Award

10 Gatlauk Ramdiet -- From Sudan to the United Nations via Nebraska Law

12 University of Chicago’s Martha Nussbaum, Saul Levmore deliver Pound Lecture

14 Nebraska Law wins 17th regional Client Counseling Competition

15 Treasures Lost, Treasures Found: indexing the first 20 volumes of The Nebraska Transcript, by Sandra B. Placzek,

19 Jeffrey Funke Delivers Spring Commencement Address

22 College alumni boards …


Law School News: Rwu Law Remembers President Donald J. Farish 07-05-2018, Ed Fitzpatrick, Michael Bowden Jul 2018

Law School News: Rwu Law Remembers President Donald J. Farish 07-05-2018, Ed Fitzpatrick, Michael Bowden

Life of the Law School (1993- )

No abstract provided.


A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio Jun 2018

A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio

Andrea A. Curcio

Law school institutional learning outcomes require measuring nuanced skills that develop over time. Rather than look at achievement just in our own courses, institutional outcome-measures assessment requires collective faculty engagement and critical thinking about our students’ overall acquisition of the skills, knowledge, and qualities that ensure they graduate with the competencies necessary to begin life as professionals. Even for those who believe outcomes assessment is a positive move in legal education, in an era of limited budgets and already over-burdened faculty, the new mandated outcomes assessment process raises cost and workload concerns. This essay addresses those concerns. It describes a …


Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison Jun 2018

Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison

Journal of College Access

Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer Apr 2018

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …


Newsroom: Rwu Remembers Former President Natale A. Sicuro 1-8-2018, Roger Williams University School Of Law Jan 2018

Newsroom: Rwu Remembers Former President Natale A. Sicuro 1-8-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


University Of Nebraska At Omaha 2018-2019 Course Catalog, University Of Nebraska At Omaha Jan 2018

University Of Nebraska At Omaha 2018-2019 Course Catalog, University Of Nebraska At Omaha

Undergraduate Catalogs

Located in one of America’s best cities to live, work and learn, the University of Nebraska at Omaha (UNO) is Nebraska’s premier metropolitan university. With more than 15,000 students enrolled in 200-plus programs of study, UNO is recognized nationally for its online education, graduate education, military friendliness, and community engagement efforts.Founded in 1908, UNO has served learners of all backgrounds for more than 100 years and is dedicated to another century of excellence both in the classroom and in the community.


When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt Jan 2018

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …


A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio Jan 2018

A Simple Low-Cost Institutional Learning-Outcomes Assessment Process, Andrea A. Curcio

Faculty Publications By Year

Law school institutional learning outcomes require measuring nuanced skills that develop over time. Rather than look at achievement just in our own courses, institutional outcome-measures assessment requires collective faculty engagement and critical thinking about our students’ overall acquisition of the skills, knowledge, and qualities that ensure they graduate with the competencies necessary to begin life as professionals. Even for those who believe outcomes assessment is a positive move in legal education, in an era of limited budgets and already over-burdened faculty, the new mandated outcomes assessment process raises cost and workload concerns. This essay addresses those concerns. It describes a …


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons Nov 2017

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Biennial Conference: The Social Practice of Human Rights

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices.

Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …


Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden Oct 2017

Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden

Law School Blogs

No abstract provided.


Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons Sep 2017

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Joel Pruce

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices. Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …


“Traversing The Legal Minefields That Surround Academic Chairpersons”, Nathan M. Roberts Mar 2017

“Traversing The Legal Minefields That Surround Academic Chairpersons”, Nathan M. Roberts

Academic Chairpersons Conference Proceedings

The presenter will describe common higher education law issues encountered by Chairpersons and provide a framework for analyzing them to protect the department and the Chairperson. Perspective on the process will be offered by a former chairperson, now dean, who is also an attorney and teaches courses in education law.


Developing And Supporting The Diversity Of Chairperson Roles, Jean Pawl, Richard Griner, Deborah Richardson, Elizabeth Nesmith Mar 2017

Developing And Supporting The Diversity Of Chairperson Roles, Jean Pawl, Richard Griner, Deborah Richardson, Elizabeth Nesmith

Academic Chairpersons Conference Proceedings

A monthly Chair Professional Development program at Augusta University provides opportunity to mentor new chairpersons and foster collegiality amongst all chairpersons at a university with both liberal arts and health sciences programs. The merits and challenges of this program that addresses needs of such a diverse group will be highlighted


Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo Mar 2017

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Charles J. Russo

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal …


Handbook Of Comparative Higher Education Law, Charles J. Russo Mar 2017

Handbook Of Comparative Higher Education Law, Charles J. Russo

Charles J. Russo

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …


University Of Nebraska At Omaha 2017-2018 Course Catalog, University Of Nebraska At Omaha Jan 2017

University Of Nebraska At Omaha 2017-2018 Course Catalog, University Of Nebraska At Omaha

Graduate Catalogs

The University of Nebraska Omaha (UNO) is a premier metropolitan university that combines the resources of a doctoral research institution with a thriving community in the heart of Omaha.

With a global reach and vision, UNO is large enough to provide opportunities students seek, yet personal enough to include the mentorship they need to achieve academic excellence, creativity, and engaged learningat competitive tuition rates.

UNO is committed to and engaged with the city surrounding it, allowing students unique hands-on opportunities, internships, service learning,applied research, and other collaborative activities that enhance time in the classroom.

This is the ”O” we want …


Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, Mark Reith Jan 2017

Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, Mark Reith

Faculty Publications

This article examines how the nation could better prepare to deter aggressive action in space and cyberspace, and if necessary, prevail should deterrence fail. The key themes throughout this article include a strong need for space and cyber situational awareness, the need for an international attribution and escalation framework, and a national investment in space and cyber education, along with an updated national strategy and military doctrine. Although related, this article focuses on deterrence and avoids the topic of cyber coercion.


Ua12/8 Annual Campus Safety & Security Report, Wku Police Jan 2017

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.


Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah Brake Jan 2017

Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah Brake

Articles

This article, written for a symposium devoted to the legacy of celebrated Lady Vols coach, Pat Summit, connects the dots between Title IX’s regulation of campus sexual assault and the law’s overarching goal of expanding women’s access to leadership. Beginning with a discussion of how sexual objectification and harassment obstruct women’s paths to leadership, the article situates campus sexual assault as an important part of Title IX’s overarching agenda to promote equal educational opportunity. Although liberal feminism and dominance feminism are often discussed as competing theoretical frames for understanding and challenging gender inequality, they are best seen as complementary and …


Affirmative Action Returns To The Supreme Court, Charles J. Russo Oct 2016

Affirmative Action Returns To The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

One of the most hotly contested issues in education during the past-half century is affirmative action, also known as race-based admissions policies. Supporters defend the practice as one designed to take “affirmative” steps to eliminate the present effects of past discrimination. Critics respond that these policies do not address how granting preferences today remedies past harms, especially because individuals who are passed over when affirmative action is applied played no role in creating past inequities.

Insofar as debate over affirmative action has heated up yet again, this column briefly examines the history of Fisher v. University of Texas II (2016) …


Higher Education Reform And The Increased Cost Of Post-Secondary Education In The U.S.: A Policy Review Of Current Policy Plans And Policy Proposals, Arthur C. Evans Iii Sep 2016

Higher Education Reform And The Increased Cost Of Post-Secondary Education In The U.S.: A Policy Review Of Current Policy Plans And Policy Proposals, Arthur C. Evans Iii

South Florida Education Research Conference

Within the last decade, there has been an ever-increasing attention on the need for higher education reform. Measures to mitigate the increased cost and different policy proposals have been introduced to increase the accountability and value. This paper examines current higher education polices and looks at some overarching ideas involved.


On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport Sep 2016

On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport

Nevada Law Journal

No abstract provided.


Title Ix, Sexual Assault, And The Issue Of Effective Consent: Blurred Lines—When Should “Yes” Mean “No”?, Lori E. Shaw Jul 2016

Title Ix, Sexual Assault, And The Issue Of Effective Consent: Blurred Lines—When Should “Yes” Mean “No”?, Lori E. Shaw

Indiana Law Journal

This Article is intended to set the process in motion by providing the DOE and the educational institutions governed by Title IX with a proposed standard for “effective consent.” Part I provides an overview of the realities of campus life in the 2010s, delving into the root causes of sexual assault and other forms of unwanted sexual contact. Sexual hookups and binge drinking, two aspects of campus life inextricably linked to one another and to unwanted sexual contact, are explored in depth.

Part II presents an overview of the traditional role, structures, and processes of the student-conduct system. It then …


A National Mixed Methods Research Study: Defining Reasonable Accommodations In Higher Education For Adult Students With Disabilities, Anita Schwartz Jan 2016

A National Mixed Methods Research Study: Defining Reasonable Accommodations In Higher Education For Adult Students With Disabilities, Anita Schwartz

Walden Dissertations and Doctoral Studies

The purpose of this study was to examine the perceptions that differ among university personnel and students with disabilities regarding the vagueness in the legal definition of the term reasonable accommodations. The theoretical framework that guided this study was the social model of disability. Using a sequential mixed-method design, the first strand surveyed 98 students and 93 personnel; then 10% of each group participated in an interview or focus group. The main research questions explored the different accommodations offered by university personnel versus those that were used by students and the different perceptions of the term reasonable accommodations in accordance …


Ua12/8 Annual Campus Safety & Security Report, Wku Police Jan 2016

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.


Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan Jan 2016

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

All Faculty Scholarship

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …