Law Commons^™

Thinking About The Constitution At The Cusp, Mark Tushnet

Akron Law Review

Marshall’s understanding that schools have an implicit curriculum might be a better guide to thinking about what we should teach about the Constitution in this century than any substantive points I might make. One controversial example may illustrate Marshall’s understanding: just as he asked what lesson would be taught by delaying desegregation, so we might ask, “What lesson will be taught about the nature of our constitutional community if we adopt a large-scale system of vouchers that parents can use to assist them in sending their children to non-public schools?” Such a system would demonstrate B and would teach our …

The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross

Akron Law Review

Despite their ringing declarations about human rights, Meyer and Pierce were both formally decided largely on the basis of property rights -- the liberty of the schools to conduct a business, the right of private school teachers to follow their occupation, and the freedom of the schools and the parents to enter into contracts. Although the Court easily could have decided the cases on the bases of freedom of religion or freedom of speech, the Court had not yet incorporated any part of the Bill of Rights into state law, and it was not prepared to begin the process of …

Sorting And Reforming: High-Stakes Testing In The Public Schools, Rachel F. Moran

Akron Law Review

As with “Millionaire,” these practices are widely accepted, roundly applauded, but nevertheless quite controversial. In this article, I will first examine the historical origins of high-stakes testing. Next, I will describe the growing interest in these tests in elementary and secondary schools as well as the tensions that have resulted. Then, I will explore the most significant challenges to the use of high-stakes testing as a requirement for graduation or promotion to another grade. This article will close by contemplating the likely future of the movement for testing and accountability.

Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho

Touro Law Review

No abstract provided.

Partnerships In Employment National Transition Systems Change Project: Building A Transition-To-Employment Agenda, Institute For Community Inclusion, University Of Massachusetts Boston

All Institute for Community Inclusion Publications

The national Partnerships in Employment (PIE) National Transition Systems Change Project was established in 2011 by the Administration on Intellectual and Developmental Disabilities. This five-year project focuses on improving, developing, and implementing policies and practices that raise community expectations and overall employment outcomes for youth with intellectual/developmental disabilities (I/DD). Now in the last phase of the funding cycle, the eight state projects involved in the PIE initiative (Alaska, California, Iowa, Mississippi, Missouri, New York, Tennessee, and Wisconsin) are uniquely positioned to provide youth employment recommendations to federal, state, and local agencies. In this document, we share several of the findings …

The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick

University of Massachusetts Law Review

This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial interpretation …

Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard

University of Massachusetts Law Review

Manifestation Determination Review (MDR) advocacy is difficult regardless of the role of the advocate —whether the advocate is a parent, an advocate, or an attorney. Because the MDR is conducted as an Individualized Education Program (IEP) Team meeting, if consensus cannot be reached, school personnel make the ultimate decision. Therefore, the advocate’s persuasiveness and preparedness at the MDR will be critical in arriving at a consensus. This Article goes beyond the basic legal framework for an MDR and focuses on practical suggestions and approaches to enhance an advocate’s efforts on behalf of a child or client. By employing the suggestions …

Student Discipline In Texas Schools, Mark G. Yudof

Mark G Yudof

No abstract provided.

International Human Rights And School Desegregation In The United States, Mark G. Yudof

Mark G Yudof

No abstract provided.

Equal Educational Opportunity And The Courts, Mark G. Yudof

Mark G Yudof

No abstract provided.

Liability For Constitutional Torts And The Risk-Averse Public School Official, Mark G. Yudof

Mark G Yudof

No abstract provided.

School Finance Reform In Texas: The Edgewood Saga, Mark G. Yudof

Mark G Yudof

No abstract provided.

Suspension And Expulsion Of Black Students From The Public Schools: Academic Capital Punishment And The Constitution, Mark G. Yudof

Mark G Yudof

No abstract provided.

Introduction To Education Symposium, Mark G. Yudof

Mark G Yudof

No abstract provided.

School Finance Reform: Don't Worry, Be Happy, Mark G. Yudof

Mark G Yudof

No abstract provided.

Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof

Mark G Yudof

No abstract provided.

Talking Back, With Reawakened Voices: Analyzing The Potential For Indigenous California Languages Coursework At California Polytechnic State University, Logan Cooper

Ethnic Studies

The legacy of colonialism in the United States, including genocidal practices and cultural assimilation, has left Indigenous languages endangered. Native peoples, scholars, and activists have been working to revive and heal the languages of America’s first peoples, and the cultures those languages speak to, yet more work remains in the field of language revitalization. California Polytechnic State University, San Luis Obispo currently does not offer any course specifically teaching or discussing Indigenous languages, even those of the Chumash people who know the San Luis Obispo area as their ancestral homelands.

By synthesizing revitalization and Indigenous activist literature with the narratives …

Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst

The Hilltop Review

Social media has certainly evolved and continues to do so with each new day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. In the following years since its inception, social media has captured a significant amount of time of individuals in every aspect of their lives. However, with this advancement also comes possible conflict in how companies and departments within a university or college setting conduct background checks. Social media makes public profiles an easy click away and many potential job seekers may not see the problems that …

Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero

Victor C. Romero

Although not an equal protection case, Martinez v. Regents of the University of California challenges us to grapple with the Supreme Court’s post-Brown commitment to equal opportunity within the context of immigrant higher education. Sadly, Brown’s progeny from Bakke to Parents Involved reveals the cost of embracing a color-blind constitutionalism unmoored from a fundamental commitment to vigilantly combat subordination and dismantle unearned privilege. More optimistically, the Supreme Court’s gay rights jurisprudence developed in Romer v. Evans and Lawrence v. Texas provides insights into how a conservative court can accurately distinguish irrational discrimination from democratic deliberation, a lesson that might help …

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Victor C. Romero

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.

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

Faculty Scholarship

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 …

Development Through Sport: Fans And Critics, Danielle Ireland-Piper

Danielle Ireland-Piper

Sport is used as a tool for development, dispute resolution and reconciliation. The use of sport to meet development goals such as education, health and gender equity has grown into a widely recognised form of development assistance, commonly known as ‘Development through Sport’ (DTS). Further, the right to physical activity is a substantive human right. Nonetheless, the DTS movement has both its fans and critics. This article analyses four common concerns; namely, that DTS is racially constructed, lacking in credibility, poorly coordinated and inadequately evaluated. This article agrees that the DTS movement should improve the delivery and implementation of development …

Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray

University of Richmond Law Review

This article responds to these questions by focusing on the primary roots of this justice issue, namely the prevalence of guiltypleas and the continued efforts of legislatures to increase the life- long price of a conviction. Part I begins with a discussion of these practical realities within the criminal justice system. Part II then examines the law of guilty pleas under the Fifth Amendment, including constitutional standards for valid pleas, and how current jurisprudence fails to account for the collateral consequences mentioned in Part I. Part II also discusses the right to effective assistance of counsel under the Sixth Amendment, …

Faculty Insights On Educational Diversity, Meera E. Deo

Fordham Law Review

Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …

Common Core State Standards: Analysis And Policy Proposal, Savannah Rae Dabney

Chancellor’s Honors Program Projects

No abstract provided.

An Assessment Of Affirmative Action In Business, Jordan A. Kennedy

Honors Scholar Theses

Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this …

The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe

Georgia Journal of International & Comparative Law

No abstract provided.

Baker, Walter Arnold, 1937-2010 (Mss 539), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 539. This small collection contains material related to legislative matters of interest to Kentucky legislator and jurist Walter A. Baker, Glasgow, Kentucky. Also includes files about several trips abroad and family material.

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 …

Changing Our Tune: A Music-Based Approach To Teaching, Learning, And Resolving Conflict, Linda Marie Ippolito

PhD Dissertations

The need for change within the legal profession and legal education is critical. To remain relevant and responsive to twenty-first century challenges and complexities the next generation of professionals must be creative, imaginative, and innovative thinkers. Emotional and social intelligence, the ability to collaboratively problem-solve, negotiate, and mediate complex conflict are essential skills needed for success particularly in increasingly settlement-oriented environments. Studies and reports have noted, however, that practitioners are lacking these key skills. How can these new perspectives and essential skills be taught and developed? This mixed methods research study involved five professional musicians and thirty-eight first year law …