Law Commons^™

Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett

Nicole Stelle Garnett

We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …

Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary

University of Massachusetts Law Review

The introduction to the issue discusses the history of UMass Law Review and its contribution to legal scholarship.

Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael M. Heise

Michael Heise

No abstract provided.

Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo

Charles J. Russo

Brown ushered in an era that has led to admirable, yet arguably incomplete, gains in equal educational opportunities for all children, most notably minorities, females, and students with disabilities. However, despite the progress that has been made in the struggle for educational equality, many exceptional students are not being fully served. Aside from commission reports and rhetoric, little has been done at either the federal or state level to offer appropriate programming for gifted and talented children's educational needs. It is questionable whether educational leaders and policy makers have taken sufficient steps to meet the educational needs of gifted children. …

Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout

Lynn A. Stout

No abstract provided.

Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Public schools learn about their students' personal lives in many ways. Some are passive: a teacher observes a student kissing someone, or overhears a conversation among friends. But schools also engage in more active information-gathering about students' personal lives, through surveys and informal conversations between students and teachers, administrators, school psychologists, counselors, coaches, and other personnel. This Article explores the competing privacy considerations that result from such encounters. Once schools have learned highly personal information about their students, does it violate those students' privacy rights to disclose that information to their parents? Or does keeping the information secret violate the …

Brief Of Antitrust Scholars As Amici Curiae In Support Of Appellees, Supporting Affirmance, Chris Sagers, K. Craig Wildfang, Ryan W. Marth, David Martinez

Law Faculty Briefs and Court Documents

Amici urge affirmance for three principal reasons. First, we elaborate a point to dispel Appellant's suggestion that antitrust somehow does not belong here. Second, we show that ordinary rule of reason treatment was appropriate. Relying rather daringly on a case that it overwhelmingly lost, Appellant asks this Court to find within NCAA v. Board of Regents of Univ. of Okla., 468 U. S. 85 (1984), a rule that its "amateurism" or "eligibility" restraints are "valid...as a matter of law." NCAA Br. at 14, 22. Board of Regents did not say that, and even Appellant's own amici admit it. See Wilson …

Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods

Law Faculty Scholarly Articles

The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …

Book Review Of Empowering Our Military Conscience: Transforming Just War Theory And Military Moral Education, Christopher Rahman

Chris Rahman

Empowering Our Military Conscience seeks to accomplish two goals. First, it highlights new and often critical perspectives on just war theory. Second, it attempts to discern more practical lessons for both trainee and practising military professionals by assessing the ethical standards of the profession of arms via the lens of just war theorising, and by establishing the implications for Professional Military Ethics Education (PMEE). Divided into three parts, the first addresses jus ad bellum (the propriety of resorting to war), the second jus in bello (just conduct within war) and the third jus ante bellum, particularly the moral conditioning of …

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber

College of Law Faculty

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no …

Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho

Faculty Publications

Beyond this Part I Introduction, Part II will briefly summarize why the Langdell tradition is at heart a learning model that intrinsically marginalizes active learning and exalts only a limited experience of skills teaching and acquisition and will conclude that the Langdellian tradition creates a hierarchy that juxtaposes knowledge of legal doctrine over skills. Part III will demonstrate a method for law teachers to incorporate skills teaching actively in the classroom, and do so in a way that legitimizes legal reasoning skills and elevates the teaching and learning of skills. Hopefully, as the Conclusion points out, the new normative in …

Do Med Schools Do It Better?: Improving Law School Admissions By Adopting A Medical School Admissions Model, Rebecca C. Flanagan

Faculty Publications

The differences between legal education and medical education start before students enter their post- graduate professions programs: the differences in the preparation begin during a period of undergraduate years. This article briefly compares pre-law and pre-medical undergraduate preparations, and discusses how the differences in preparation shape preparedness in professional school. Taking cues from the successes in pre-med preparation, this article provides recommendations for improving the law school admissions model by adopting more rigorous pre-law preparation standards. The recommendations in this articles are necessary prerequisite for law schools looking to produce the “practice ready” graduates that the public demands.

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Susan S. Bendlin

ABSTRACT: By Susan S. Bendlin

An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of 18 and 24 are injured every year while under the influence of alcohol. Tales of intoxicated college students’ wild, disgusting, and often violent behavior have made the national news. Litigation over alcohol-related incidents on college campuses arises from various situations, including injuries that result from intoxicated students falling, injuries suffered during parties and hazing rituals involving alcohol, and injuries from other assaults that occur after alcohol has been consumed on campus.

At the outset, this Article …

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark C. Weber

Mark C. Weber

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no …

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

Law Student Publications

This article seeks to offer a mitigating solution to the educational inequities plaguing Richmond Public Schools--socioeconomic integration and district consolidation. Under this race-neutral school assignment proposal, desegregation efforts are based not on an individual's ethnicity, but socioeconomic status. The proposal seeks to have no more than 50% of a student body receiving free or reduced-price lunch in any one school in the Richmond area. However, because of Richmond Public Schools' existing high poverty rate, no socioeconomic redistricting proposal would be effective without incorporating Richmond's adjacent suburbs- Chesterfield and Henrico counties.

Disrupting Education Federalism, Kimberly J. Robinson

Law Faculty Publications

The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be structured to achieve the nation's education goals. One ofthe nation's unfulfilled and yet essential education goals is to ensure that all students receive equal access to an excellent education. A variety of scholars and, most recently, the federal Equity and Excellence Commission have offered proposals for advancing this goal. By building on this growing momentum for reform,I argue that disrupting the nation's longstanding approach to education federalism-which I define as the balance of power between federal, …

Seeking Educational Equality In The North: The Integration Of The Hilburn School System, Peter C. Alexander

Faculty Scholarship

No abstract provided.

Critical Pedagogy And Social Inclusion Policy In Australian Higher Education: Identifying The Disjunctions, Jeannette Stirling, Colleen Mcgloin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Within neoliberalism, policy implementation assimilates issues of social justice, such as diversity, by incorporating them into frameworks that pay “lip service” to important issues affecting both students and educators. This paper critically engages with higher education policies in Australia dealing with social justice, diversity, and social inclusion. Our discussion draws largely from Freirian pedagogy as well as a selective range of critical theorists to consider what we see as a radical disconnection between policy and practice in our teaching. We argue that this disjunction can adversely affect students and educators and that attention to policy’s limitations is necessary in efforts …

Delphi Panel Findings, Brief #7: Paths Toward Fair Wages, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the seventh and final brief in our series on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the final priority area for policy and practice change: creating paths toward fairer wages for individuals with IDD.

Delphi Panel Findings, Brief #5: Processes Within State Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the fifth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the fourth priority area identified by the Delphi panel: improving policies and processes within state agencies related to employment for people with intellectual and developmental disabilities (IDD). This is distinct from increased collaboration across agencies, which was a separate area.

Delphi Panel Findings, Brief #4: Education And Training For Job Seekers, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the fourth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the role of education and training for job seekers with intellectual and developmental disabilities (IDD), which was the third-ranked overarching priority among the Delphi panel members.

Delphi Panel Findings, Brief #6: Generation And Use Of Data And Evidence, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the sixth in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on how data and evidence can support integrated employment outcomes for individuals with intellectual and developmental disabilities (IDD). This was the fifth overarching theme among the Delphi panel’s recommendations.

Delphi Panel Findings, Brief #3: Collaboration Across Agencies, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the third in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community in 2013–2014. More information on the Employment Learning Community and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the panel’s recommendations related to collaboration across state systems, which was the second-highest overarching priority identified by the Delphi panel for improving employment outcomes for people with intellectual and developmental disabilities (IDD).

Delphi Panel Findings, Brief #2: Transition From School To Work, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This is the second in a series of briefs on the findings from a Delphi process conducted by the Employment Learning Community (ELC) in 2013–2014. More information on the ELC and the Delphi process can be found in Brief #1 (Introduction, Values, and Overall Themes). This brief focuses on the panel’s recommendations related to effective approaches to the transition from school to work for youth with intellectual and developmental disabilities (IDD), which was the highest-ranked overarching priority among the Delphi panel.

Delphi Panel Findings, Brief #1: Introduction, Values, And Major Themes, Cindy Thomas, Jennifer Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

The Employment Learning Community has been developed to assist states in improving employment systems and services that will increase inclusive, competitive employment for individuals with IDD. To gain insights on the most cogent policies and priorities to promote such systems change, the project convened a panel of national subject matter experts to participate in a Delphi process. Nineteen Delphi panel members, including employment researchers, service providers, state vocational rehabilitation directors, developmental disability agency directors, educators, self-advocates, family members and representatives from related programs and initiatives, participated in four rounds of data collection. The values, policies, and practices that emerged from …

"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson

All Faculty Scholarship

This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …

Education-As-Inheritance Crowds Out Education-As-Opportunity, Palma Joy Strand

Saint Louis University Law Journal

No abstract provided.

Corporal Punishment In Ireland And The European Committee On Social Rights, Mel Cousins

Mel Cousins

Education And The Equal Status Acts - Stokes -V- Christian Brothers High School Clonmel, Mel Cousins

Mel Cousins

This case involved a challenge under the Equal Status Act (ESA) to the admissions rules of a Clonmel secondary school which, it was argued, indirectly discriminated against children from the Traveller community. At first instance (before the Equality Tribunal) and on appeal to the Circuit Court it had been held that this rule did have a disproportionate impact on Travellers but the Court and Tribunal differed as to whether this was objectively justified or not. On further appeal to the High Court, McCarthy J. held that there was no disproportionate impact as, adopting a dictionary definition of the term ‘particular’, …