Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (6)
- Social and Behavioral Sciences (4)
- Constitutional Law (3)
- Entertainment, Arts, and Sports Law (3)
- First Amendment (3)
-
- Law and Economics (2)
- Law and Society (2)
- Legal Education (2)
- Legal Profession (2)
- Library and Information Science (2)
- Public Affairs, Public Policy and Public Administration (2)
- Animal Law (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Climate (1)
- Courts (1)
- Disability Law (1)
- Education (1)
- Environmental Law (1)
- Environmental Policy (1)
- Environmental Sciences (1)
- Food and Drug Law (1)
- Housing Law (1)
- Intellectual Property Law (1)
- Judges (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Institution
-
- Fordham Law School (10)
- Marquette University Law School (3)
- New York Law School (2)
- Boston University School of Law (1)
- City University of New York (CUNY) (1)
-
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- Lewis & Clark Law School (1)
- Northern Illinois University (1)
- Northwestern Pritzker School of Law (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- SelectedWorks (1)
- Seton Hall University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- Publication
-
- Fordham Law Review (5)
- Fordham Urban Law Journal (4)
- Marquette Sports Law Review (3)
- Faculty Scholarship (2)
- NYLS Law Review (2)
-
- Animal Law Review (1)
- Faculty Works (1)
- Fordham Journal of Corporate & Financial Law (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Law Faculty Scholarly Articles (1)
- Michigan Law Review (1)
- Missouri Law Review (1)
- Northern Illinois University Law Review (1)
- Northwestern Journal of Technology and Intellectual Property (1)
- Paul D. Callister (1)
- Publications (1)
- Publications and Research (1)
- Saint Louis University Public Law Review (1)
- Scholarly Works (1)
- Seton Hall University Dissertations and Theses (ETDs) (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (1)
- Publication Type
Articles 1 - 30 of 35
Full-Text Articles in Law
The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters
The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters
Faculty Scholarship
This article celebrates the 25th anniversary of the publication of Gary Bellow and Bea Moulton's The Lawyering Process by looking at the work from personal and theoretical perspectives. From the personal perspective, the authors discuss how The Lawyering Process influenced them as teachers and scholars. From the theoretical perspective, the authors show how the book modeled various metacognitive processes. Combining the personal with the theoretical, the article shows how The Lawyering Process challenged lawyers to be-come aware of their own thinking by demonstrating how it challenged the authors to do so.
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland
The Scholar: St. Mary's Law Review on Race and Social Justice
Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …
Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney
Slides: Balancing Drought And Flood In The Pacific Northwest: The Challenge Of Climate Change, Doug Mcchesney
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
1 page "Abstract" and 36 slides
"Doug McChesney, Manager, Policy and Planning Section, Washington Department of Ecology"
Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison
Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison
Missouri Law Review
This Article examines the school voucher debate. Because “the causes of poverty within the black community are both structural and behavioral,” and because the available evidence provides an inferential connection between education and poverty, I contend that the reigning legal and political theory as embedded in, and as explicated by the constitutional jurisprudence of the Zelman dissenters, and as exemplified by other commentators, fails to address adequately racial disparity and neglects to consider adequately the victims of the current public school hegemony. Hence, the legitimacy of much of the current opposition to school vouchers remains indefensible form an outsider perspective.
No Other Choice: Litigating And Settling Homeless Education Rights Cases, Ryan J. Dowd
No Other Choice: Litigating And Settling Homeless Education Rights Cases, Ryan J. Dowd
Northern Illinois University Law Review
This pragmatic article, the first exhaustive review of the issue, details how lawyer advocates can help homeless children have access to the education to which they are legally entitled. Topics discussed include: legal background and authority, seeking alternatives to litigation, litigating, settling, after a settlement is reached or a decision occurs, and the future of homeless education rights. Incorporating cases, personal interviews with the attorneys who litigated the cases, settlements, complaints, motions and other non-published court documents, state and federal statutes, state administrative codes, federal and state constitutions, congressional testimony, educational agency reports, law review articles, reports by homeless advocacy …
Consuming Government, Richard Schragger
Consuming Government, Richard Schragger
Michigan Law Review
In his ambitious new book, William Fischel, a Professor of Economics at Dartmouth College, gives us a new political animal: "The Homevoter." The homevoter is simply a homeowner who votes (p. ix). According to Fischel, she is the key to understanding the political economy of American local government. By implication, she is the key to understanding state and national government as well. Homeowners warrant special attention because "residents who own their own homes have a stake in the outcome of local politics that make them especially attentive to the public policies of local government" (p. ix). That is because local …
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva S. Nilsen
One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva S. Nilsen
Faculty Scholarship
Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. 10 In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, 11 with the chances of being killed in school far less than being struck by lighting. 12 The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged 13), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, 14 and partly because in our hardheaded times …
Beyond Training: Law Librarianship’S Quest For The Pedagogy Of Legal Research Instruction, Paul D. Callister
Beyond Training: Law Librarianship’S Quest For The Pedagogy Of Legal Research Instruction, Paul D. Callister
Paul D. Callister
The paper (I) outlines the nature and extent of the dissatisfaction with legal research instruction and demonstrates that the problem predates computer-assisted legal research, (II) presents the history of the debate (focusing on a heated exchange between advocates of a “process-oriented” approach and proponents of the traditional, “bibliographic” methods), and (III) presents the requisite elements of a satisfactory pedagogical model, discussing various issues surrounding each of these elements.
In part III, the paper proposes that a complete pedagogical model requires (A) an identifiable and fully understood objective in teaching legal research (which objective must distinguish between the kinds of research …
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
Fordham Journal of Corporate & Financial Law
No abstract provided.
Protection Of Children From Education In Hatred And Violence, James A.R. Nafziger
Protection Of Children From Education In Hatred And Violence, James A.R. Nafziger
Saint Louis University Public Law Review
No abstract provided.
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Aligning Or Maligning? Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Publications
In this article, I briefly review the background for the latest iteration of federal special education policy, the reauthorization of the Individuals with Disabilities Education (Improvement) Act or IDEA. With a slight apology to ardent advocates for parents and children with disabilities, I then suggest ways that they and their clients can set aside their concerns about a diluted statute and learn to live with a changed legal landscape — and perhaps even flourish in an educational system that aims to raise the standards for all students. With each cycle of program review, policy revisitation and legislative revision, those who …
Comments On Title Ix, Clark C. Griffith
Comments On Title Ix, Clark C. Griffith
Marquette Sports Law Review
No abstract provided.
The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden
The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden
Fordham Law Review
No abstract provided.
Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli
Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli
Fordham Law Review
No abstract provided.
The Colorblind Lottery, Pauline T. Kim
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Fordham Law Review
No abstract provided.
Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim
Fordham Law Review
No abstract provided.
Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner
Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner
Journal Articles
This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
September 11th: Pro Bono And Trauma, Marjorie A. Silver
September 11th: Pro Bono And Trauma, Marjorie A. Silver
Scholarly Works
No abstract provided.
Title Ix And College Sport: The Long Painful Path To Compliance And Reform, Ellen J. Staurowsky
Title Ix And College Sport: The Long Painful Path To Compliance And Reform, Ellen J. Staurowsky
Marquette Sports Law Review
No abstract provided.
Is Title Ix Really To Blame For The Decline In Intercollegiate Men's Nonrevenue Sports?, Daniel R. Marburger, Nancy Hogshead-Makar
Is Title Ix Really To Blame For The Decline In Intercollegiate Men's Nonrevenue Sports?, Daniel R. Marburger, Nancy Hogshead-Makar
Marquette Sports Law Review
No abstract provided.
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.
Skills And Values Education: Debate About The Continuum Continues, Richard A. Matasar
Skills And Values Education: Debate About The Continuum Continues, Richard A. Matasar
NYLS Law Review
No abstract provided.
Reviewing The Play: How Faulty Premises Affected The Work Of The Commission On Opportunity In Athletics And Why Title Ix Protections Are Still Needed To Ensure Equal Opportunity In Athletics, Jocelyn Samuels
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
Fordham Urban Law Journal
Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …
Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon
Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon
Fordham Urban Law Journal
This Article examines the private takeover of the management of K-12 publicly funded schools. It focuses on one particular educational management organization, Edison Schools. This Article examines the situation in Philadelphia's public schools and the efforts of a local school reform commission to revitalize K-12 education. It goes on to look into the personalities of those who started and today run Edison Schools, analyze Edison Schools financial position, and discuss the structured educational approach Edison Schools uses in it schools. This Article addresses the policy considerations behind the efforts to privatize public schools. It concludes that while Edison Schools does …
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
Fordham Urban Law Journal
This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …
Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette
Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette
Fordham Urban Law Journal
This Comment discusses the effectiveness of the inclusion of disabled students in general classrooms, focusing particularly on the effects on non-disabled classmates. Part I of this Comment outlines the history of inclusion as established through federal legislation, as well as its gradual implementation in New York City. Part II examines the issues concerning inclusion, looking at the consequences inappropriate inclusion of disabled students may have on the non-disabled ("general") student. Finally, Part III proposes a solution, suggesting that a school district give a disabled student a "three strikes" policy regarding disruptions, after which she may be removed, permanently or temporarily, …
“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff
“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
In the summer of 2002, the city of Boston watched a fierce battle unfold between low-wage workers who provide child care and the social service agencies that employ them. Boston requires its city contractors to pay more than twice the federal minimum wage of $5.15 an hour to their employees, according to the terms of the city's "living wage" ordinance. The social service agencies, which receive government subsidies to run their child care programs, claimed that they could not afford to pay this rate. These agencies mounted an intense legal and political campaign, arguing that they would be forced to …