Law Commons^™

Lawyers And Liberations, Robert E. Rodes

Robert Rodes

No abstract provided.

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Richard W Garnett

No abstract provided.

Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett

Richard W Garnett

No abstract provided.

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Richard W Garnett

No abstract provided.

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Nicole Stelle Garnett

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …

Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett

Nicole Stelle Garnett

No abstract provided.

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Nicole Stelle Garnett

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Margaret F Brinig

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …

Towards A Theory Of Equitable Federated Regionalism In Public Education: Reversing The Role Of School District Boundary Lines In Dismantling Brown V. Board Of Education, Erika Wilson

Erika K. Wilson

School quality and resources vary dramatically across school district boundary lines. Students who live mere miles apart have access to vastly different and disparate educational opportunities based upon which side of a school district boundary line their home is located. Owing in large part to metropolitan fragmentation, most school districts and the larger localities in which they are situated, are segregated by race and class. Further, because of a strong ideological preference for localism in public education, local government law structures in most states do not require or even encourage collaboration between school districts in order to address disparities between …

The Verdict And Response, Edward Earl Bell

Edward Earl Bell

The murdering of black boys is not foreign. Prior to Zimmerman, black boys were murdered in streets from coast to coast. “We” were somewhat silent calling for a global ending of these deaths. The Zimmerman verdict seems to have produced clamor not only in the black community but also in communities across the globe.

Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman

Stephen J Elkind

In Garcetti v. Ceballos, the Supreme Court held that public employees are not entitled to free speech when speaking “pursuant to their official duties.” In most situations, this strips teachers of First Amendment protection when they discuss controversial subjects, such as homosexuality, with their students. To ensure their classrooms are tolerant and accepting environments for homosexual and questioning youth, teachers need free speech protection against adverse employment action their schools might take. The Garcetti Court, acknowledging that “expression related to academic scholarship and classroom instruction implicates” unique constitutional concerns, explicitly left open whether its decision applied in the education …

A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: Open Access, Matthew Rimmer

Matthew Rimmer

EXECUTIVE SUMMARYThis Submission is based upon work in progress, which has been presented at this forum and published in the form of opinion-editorials:1. Matthew Rimmer, 'Aaron's Army Fights the Trans-Pacific Partnership', Open Access Research Issues in the Humanities and Social Sciences, the Australian National University, 3 May 2013.2. Matthew Rimmer, 'Aaron's Army Fights the Trans-Pacific Partnership', The Conversation, 8 March 2013, https://theconversation.edu.au/aarons-army-fights-the-trans-pacific-partnership-12273 and Delimiter http://delimiter.com.au/2013/03/08/aarons-army-fights-the-trans-pacific-partnership/ RECOMMENDATIONSIn its discussion paper, the Australian Law Reform Commission proposed a broad, flexible exception of fair use. The Commission emphasized that the new fair use exception should contain: (a) an express statement that a fair …

Protecting The Electric Power Grid From Electromagnetic Pulse: Legal And Policy Aspects, George H. Baker Iii, William R. Harris, Thomas S. Popik

George H Baker

Since the release of the 2004 and 2008 reports of the congressionally-authorized Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack (“EMP Commission”), there has been a growing societal realization that civilian infrastructure is vulnerable to electromagnetic pulse (EMP) threats. And among the DHS list of critical infrastructure sectors, the electric power grid is both the most vulnerable, because EMP couples most efficiently to long power lines, and the most critical, because the grid is the keystone infrastructure upon which all other infrastructures depend. Simply put, grid failure is an existential threat to national governance and …

September 11th: Pro Bono And Trauma, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele

Richard J. Peltz-Steele

Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …

Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele

Richard J. Peltz-Steele

This article recounts the deficiencies of constitutional law and common tenure contract language - the latter based on the 1940 Statement of Principles of the American Association of University Professors - in protecting the academic freedom of faculty on the modern university campus. The article proposes an Interpretation of that common language, accompanied by Illustrations, aiming to describe the penumbras of academic freedom - faculty rights and responsibilities that surround and emanate from the three traditional pillars of teaching, research, and service - that are within the scope of the tenure contract but not explicitly described by it, and therefore …

Operating Standards For The High Altitude Ballooning Community, Jeremy Straub, John Nordlie, Ernest Anderson

Jeremy Straub

This paper provides an overview of work to define a set of standards for adoption by the academic high altitude balloon community. These standards go above-and-beyond the requirements imposed by §101 of the Federal Aviation Regulations, incorporating best practices and suggesting how §101 requirements should be interpreted and applied in several situations.

One area where FAR§101 is extremely vague is with regards to the operations of balloons with small payloads. These payloads are exempt from most requirements; however, they are required to not create a “hazard”. Problematically, what exactly qualifies as a “hazard” is not defined in FAR§101 or elsewhere …

How Quickly We Forget: The Short And Undistinguished Career Of Affirmative Action, Robert Parrish

Robert Parrish

Diversity initiatives in higher education, also known as affirmative action are nearing their nadir. For those who have been watching the jurisprudence and the progression of events closely this should come as little surprise. These initiatives have been under attack since their very inception and now sit teetering on the brink of being declared unconstitutional as the United States Supreme Court considers Fisher v. Texas. Beginning with Regents of California v. Bakke in 1978, the Supreme Court has gradually and consistently whittled away these higher education diversity programs, leaving them currently in a vulnerable and legally precarious position. The Court’s …

Legal Education In Disruption: The Headwinds And Tailwinds Of Technology, Jon M. Garon

Jon M. Garon

By harnessing improvements on communications and computational systems, law firms are producing a revolution in the practice of law. Self-help legal manuals have transformed into sophisticated interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; and virtual law firms threaten to distintermediate the grand edifices of twentieth century Big Law. These changes may profoundly restructure the legal practice, undermining the business model for many solo and small firm practices.

This paper focuses on the implications of these profound disruptive …

Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland

Ayriel Bland

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent …

Socio-Economic Profile Of Muslims: A State Profile Of Maharashtra, Professor Vibhuti Patel

Professor Vibhuti Patel

Chapter 1: Pages 4-18 An Overview Prof. Vibhuti Patel, Head, Department of Economics SNDT Women’s University, Mumbai Chapter 2: Pages 19-69 Socio Economic Status of Muslims in Maharashtra Shri. Prakash Chandra Mishra, Research Scholar, Tata Institute of Social Sciences, Mumbai Ms. Amruta Bavadekar, Independent Researcher Dr. Ruby Ojha, Associate Professor, Department of Economics SNDT Women’s University, Mumbai Chapter 3: Pages 70-87 Case Study I: Gilber Hill, Andheri (W) Mumbai Smt. Lalitha Dhara, Vice Principal, Ambedkar College of Arts and Commerce, Wadala, Mumbai Chapter 4: Pages 88-100 Case Study 2: Parbhani, Maharashtra Shri. Sanjay Phad, Assistant Professor, Department of Economics SNDT …

Tactics, Strategies & Battles—Oh My!: Perseverance Of The Perpetual Problem Regarding Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

Casey Scott McKay

After reviewing the history of the religious war on Darwin’s Theory of Evolution, my article, “Tactics, Strategies & Battles—Oh My!: Perseverance of the Perpetual Problem Regarding Preaching to Public School Pupils & Why it Persists,“ examines why such a seemingly well-settled issue survives and, to some extent, succeeds.

First, by exploiting common misconceptions among the American public, lawmakers are able to take advantage of ignorance driven by strong emotions. Next, religious special interests groups, with seemingly unlimited funds, thrust propaganda supported by worldwide media reinforcement on an already vulnerable American public. Thus, irresponsible state legislators, caught between a rock and …

Reforming Teacher Pensions, Leigh Anenson

Leigh Anenson

Pension reform has taken center stage in the public policy debate as states struggle to deal with the fallout from the Great Recession. Retirement benefits are not only a critical component of income-maintenance for public retirees, but also a source of economic stimulus to every state economy. In this article, we integrate and extend the pension reform movements in law, education and economics by studying teacher pensions across the United States. Our interdisciplinary approach concentrates on defined benefit plans in states that do not contribute to Social Security. Focusing on this vulnerable and important group of government workers, we aim …

Debating P. C. On Pc, Marjorie M. Shultz

Marjorie M. Shultz

No abstract provided.

Tactics, Strategies & Battles—Oh My: Perserverance Of The Perpetual Problem Regarding Preaching To Public Shool Pupils & Why It Persists, Casey S. Mckay

Casey Scott McKay

After reviewing the history of the religious war on Darwin’s Theory of Evolution, my article, “TACTICS, STRATEGIES & BATTLES—OH MY: PERSERVERANCE OF THE PERPETUAL PROBLEM REGARDING PREACHING TO PUBLIC SHOOL PUPILS & WHY IT PERSISTs,“ examines why such a seemingly well-settled issue survives and even, to some extent, prospers.

First, by exploiting common misconceptions among the American public, lawmakers are able to take advantage of ignorance driven by strong emotions. Next, religious special interests groups, with seemingly unlimited funds, thrust propaganda supported by worldwide media reinforcement on an already vulnerable American public. Thus, irresponsible state legislators, caught between a rock …

The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek

Jeremy Straub

Government regulations and uncertainty about their enforcement can be a significant barrier to innovation. In business, it is undesirable to consume time and other resources developing a product that cannot be sold or which requires navigating significant bureaucracy for each sale. In academ-ia, where limited funding is available prior to the submission of a grant pro-posal and receipt of an award, proposal-stage compliance costs can derail a project long before it begins. This paper reviews the International Traffick-ing in Arms Regulations (ITAR) and their impact on spacecraft research in academia, private research labs and industry. It reviews the exemptions available, …

The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno

James E. Moliterno

No abstract provided.

Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew Bernstein

Matthew Bernstein

By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, “accountability,” and teacher evaluation obscures other systemic faults that implicate the very reasons we have a public education system in the first place. In the last fifteen years, information technologies have fostered the emergence of a new kind of school: the fully-online “cyber” or “virtual” charter. These schools, operated almost exclusively by for-profit, publicly-traded private companies, are …

Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch

Allen W Hubsch

The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.

The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age children. …

The Legal Impact Of Emerging Governance Models On Public Education And Its Office Holders, Robert A. Garda Jr., David Doty

Robert A. Garda

The idea that changing the formal structure of governance can lead to better schools is rooted in American political and intellectual history. Politicians, career educators, parents, business leaders, and investors continue to wrangle over the control of public schools all across the country. With these battles for control have come more lawsuits, more laws, and more administrative regulations dictating the governance structures of educational institutions. Indeed, one could argue that, in recent years, debates over how schools and school districts should be governed have subsumed the curriculum debates over how and what children should be taught. Leadership matters, and therefore …