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Law and Society

1985

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Articles 1 - 30 of 53

Full-Text Articles in Law

Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof Dec 1985

Introduction To Education Symposium Symposium On Education Law - Introduction., Mark G. Yudof

St. Mary's Law Journal

Abstract Forthcoming.


Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan Dec 1985

Teacher Termination And Nonrenewal In Texas Public Schools Symposium On Education Law., William T. Armstrong, Rosemary L. Hollan

St. Mary's Law Journal

Abstract Forthcoming.


A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr. Dec 1985

A Survey Of The Texas Reform Package: House Bill No. 72 Symposium On Education Law., William C. Bednar Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner Dec 1985

Interrelationship Of Tort Liability, Governmental Immunity, And The Civil Rights Statutes Symposium On Education Law., Kelly Frels, Jeffrey J. Horner

St. Mary's Law Journal

Abstract Forthcoming.


Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor Dec 1985

Student Competency Testing In Texas Symposium On Education Law., Ellen Smith Pryor

St. Mary's Law Journal

Abstract Forthcoming.


New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey Dec 1985

New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey

St. Mary's Law Journal

Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …


Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll Dec 1985

Education - Title Ix - Receipt By Private College Students Of Basic Educational Opportunity Grants Constitutes Federal Financial Assistance To The Specific Program Benefited Thereby Requiring Compliance With Title Ix Symposium On Education Law - Case Note., John F. Carroll

St. Mary's Law Journal

Abstract Forthcoming.


Moral Discourse And Family Law, Lee E. Teitelbaum Dec 1985

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …


Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell Dec 1985

Renaissance In American Education: The New Role Of The Federal Government - Foreword Symposium On Education Law - Foreword., T.H. Bell

St. Mary's Law Journal

Abstract Forthcoming.


Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth Dec 1985

Free Speech And Public Education: An Overview Of Legal, Social, And Political Issues Symposium On Education Law., Ralph D. Mawdsley, Steven Permuth

St. Mary's Law Journal

Abstract Forthcoming.


Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade Dec 1985

Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade

St. Mary's Law Journal

Abstract Forthcoming.


The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv Dec 1985

The University Interscholastic League Of Texas: Who Are These Guys And What Can They Do Symposium On Education Law - Comment., Stephen S. Goodman Iv

St. Mary's Law Journal

Abstract Forthcoming.


Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck Oct 1985

Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck

University of Michigan Journal of Law Reform

Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.


Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider Aug 1985

Moral Discourse And The Transformation Of American Family Law, Carl E. Schneider

Michigan Law Review

Family law has undergone momentous change in recent decades. In this Article, Professor Schneider proposes that the transformation in family law can be understood as a diminution in the law's discourse in moral terms about the relations between family members and as a transfer of moral decisions from the law to the people the law once regulated. Professor Schneider identifies countertrends and limits to the changes he describes, and then investigates the reasons for the changes. He hypothesizes that four forces helped change family law and moral discourse within family law: the legal tradition of noninterference in family affairs; the …


The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers Jun 1985

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …


The Right To Food As A Human Right: Placing The Blame For World Hunger, Gayle Eagan Apr 1985

The Right To Food As A Human Right: Placing The Blame For World Hunger, Gayle Eagan

In the Public Interest

No abstract provided.


American Prison As A Subculture, Dennis Clary Apr 1985

American Prison As A Subculture, Dennis Clary

In the Public Interest

No abstract provided.


The Duty To Rescue: A Reexamination And Proposal, Jay Silver Apr 1985

The Duty To Rescue: A Reexamination And Proposal, Jay Silver

William & Mary Law Review

No abstract provided.


Law In A Reign Of Terror, Alan Watson Apr 1985

Law In A Reign Of Terror, Alan Watson

Scholarly Works

A few years ago I published a book, The Nature of Law, which was activated primarily by three long held beliefs. First, law is a means, not an end in itself; and legal rules, principles, decisions do not come into being without some purpose. The end envisaged for a legal rule or decision may be immediate -- to give financial compensation to a particular victim of negligence, for instance -- or more remote -- to promote general happiness or bolster the economic dominance of the ruling class, for example -- but that does not concern us here. What, in …


Fetal Research: The Question In The States, Charles Baron Mar 1985

Fetal Research: The Question In The States, Charles Baron

Charles H. Baron

This article is based on a paper delivered at the Third National Symposium on Genetics and the Law in Boston, April 1984.


Some Considerations Which May Lead Lawmakers To Modify A Policy When Adopting It As Law, Robert S. Summers Mar 1985

Some Considerations Which May Lead Lawmakers To Modify A Policy When Adopting It As Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush Mar 1985

The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush

UF Law Faculty Publications

Developing a legal framework for analyzing children's rights is difficult. In part, this difficulty stems from the inherent ambiguity of the term "child." Within this general rubric are individuals whose age, maturity, education, and developmental levels encompass a wide rage. A more important obstacle stems from the conflict between the democratic ideals of individual freedom and the sanctity of the family unit. Whether children can be given certain rights without destroying parental authority over the family is a dilemma. Taking into account these opposing principles, a simplified methodology for analyzing and resolving conflicts among the state, parent, and child is …


Black Police, White Society, Michigan Law Review Feb 1985

Black Police, White Society, Michigan Law Review

Michigan Law Review

A Review of Black Police, White Society by Stephen Leinen


Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review Feb 1985

Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review

Michigan Law Review

A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill


The Heroin Solution, Michigan Law Review Feb 1985

The Heroin Solution, Michigan Law Review

Michigan Law Review

A Review of The Heroin Solution by Arnold S. Trebach


Lawyers And Lawmaking, Frederick Schauer Feb 1985

Lawyers And Lawmaking, Frederick Schauer

Michigan Law Review

A Review of Reconstructing American Law by Bruce A. Ackerman


Money And Justice: Who Owns The Courts?, Michigan Law Review Feb 1985

Money And Justice: Who Owns The Courts?, Michigan Law Review

Michigan Law Review

A Review of Money and Justice: Who Owns the Courts? by Lois G. Forer


Capital Punishment: For Or Against, Jan Gorecki Feb 1985

Capital Punishment: For Or Against, Jan Gorecki

Michigan Law Review

A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad


Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review Feb 1985

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman


Worlds Beyond Theory: Toward The Expression Of An Integrative Ethic For Self And Culture, Peter Read Teachout Feb 1985

Worlds Beyond Theory: Toward The Expression Of An Integrative Ethic For Self And Culture, Peter Read Teachout

Michigan Law Review

A Review of When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community by James Boyd White