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Full-Text Articles in Law

From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan Jan 2003

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 …


Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon Jan 2003

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 …


Examining How The Inclusion Of Disabled Students Into The General Classroom May Affect Non-Disabled Classmates, Marissa L. Antoinette Jan 2003

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, …


An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

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 …


Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim Jan 2003

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.


Mclaurin's Seat: The Need For Racial Inclusion In Legal Education, Margaret M. Russell Jan 2002

Mclaurin's Seat: The Need For Racial Inclusion In Legal Education, Margaret M. Russell

Fordham Law Review

No abstract provided.


The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner Jan 2002

The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner

Fordham Law Review

No abstract provided.


Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay Jan 2001

Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay

Fordham Journal of Corporate & Financial Law

No abstract provided.


"The University Works Because We Do": Collective Bargaining Rights For Graduate Assistants, Grant M. Hayden Jan 2001

"The University Works Because We Do": Collective Bargaining Rights For Graduate Assistants, Grant M. Hayden

Fordham Law Review

No abstract provided.


The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain Jan 2001

The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain

Fordham Law Review

No abstract provided.


Report Of The Education Working Group, Naomi Lynch, Virginia Strand Jan 2001

Report Of The Education Working Group, Naomi Lynch, Virginia Strand

Fordham Law Review

No abstract provided.


Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes Jan 2001

Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes

Fordham Urban Law Journal

Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …


The Education Justice: The Honorable Lewis Franklin Powell, Jr., Victoria J. Dodd Jan 2001

The Education Justice: The Honorable Lewis Franklin Powell, Jr., Victoria J. Dodd

Fordham Urban Law Journal

The Honorable Lewis Franklin Powell, Jr. is “the education Justice” of the United States. During his tenure on the U.S. Supreme Court, from 1971 to 1987, Justice Powell authored at least twenty major opinions in education law, in addition to numerous significant concurrences and dissents. Just a sampling of Justice Powell's majority opinions on education could form the bulk of an education law textbook recognizable by any American law student. This Article will explore some of Justice Powell's major Supreme Court rulings in education law. It will also consider how these rulings may have related to aspects of Justice Powell's …


The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief Jan 2001

The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief

Fordham Urban Law Journal

In recent years education has evolved into the country's number one public concern. Presidential, gubernatorial, mayoral, and legislative candidates all claim to care about educating our children. Successful schools should be used by educators and policy-makers as models. In order to reproduce the success of these schools, the reasons for their success must be identified. A school's achievement data gives important indications of why it succeeds. There are also innumerable studies and reports listing factors enabling school success. The Children's School in Brooklyn, New York is a school worthy of study. The leadership is superb; teachers know their students and …


Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo Jan 2001

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

Fordham Urban Law Journal

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. …


Diversity Efforts In Independent Schools , Michael Brosnan Jan 2001

Diversity Efforts In Independent Schools , Michael Brosnan

Fordham Urban Law Journal

In recent years, independent schools have begun committing themselves to diversity. Schools are recruiting more students and teachers of color and have transformed their curriculum to better address race, gender, class religion, and sexual orientation. Schools must start marketing themselves to a broad spectrum of families, teachers, and administrators, and have done so in order to prepare students for the adult world to come. Schools need to hire and retain teachers of color. To achieve this, some overlapping efforts by schools include: creating the need to hire teachers of color with the school's mission, clarifying the school's climate and culture, …


Strong, Smart, And Bold Girls: The Girls Incorporated Approach To Education , Heather Johnston Nicholson, Mary F. Maschino Jan 2001

Strong, Smart, And Bold Girls: The Girls Incorporated Approach To Education , Heather Johnston Nicholson, Mary F. Maschino

Fordham Urban Law Journal

Girls Incorporated is a national non profit youth organization that "inspires all girls to be strong, smart and bold". in 200, Girls Inc. programs reached more than 740,000 girls and young women ages six through eighteen. A vast majority of these programs are conducted at schools during and after the school day. Program areas include science, media criticism, leadership, and substance use prevention. This article explores the different tactics, philosophies, and programs utilized used by Girls Inc.


Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange Jan 2000

Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange

Fordham Law Review

No abstract provided.


Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow Jan 2000

Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow

Fordham Law Review

"We tell ourselves stories in order to live." -Joan Didion, The White Album (1970) "Their story, yours, mine - it's what we carry with us on this trip we take, and we owe it to each other to respect our stories and learn from them." -William Carlos Williams in Robert Coles, The Call of Stories: Teaching and the Moral Imagination 30 (1989)


Is Our Drug Policy Effective, Jefferson M. Fish Jan 2000

Is Our Drug Policy Effective, Jefferson M. Fish

Fordham Urban Law Journal

The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …


Reforming The Urban Workplace: The Legacy Of Frances Perkins, Honorable Jeanine Francis Pirro Jan 1999

Reforming The Urban Workplace: The Legacy Of Frances Perkins, Honorable Jeanine Francis Pirro

Fordham Urban Law Journal

This Article focuses on the life and legacy of Francis Perkins, a twentieth century champion of woman's and worker's rights. It examines her work as a reformer and as Secretary of Labor under Franklin Roosevelt, specifically on the issues of woman's rights, education, social services and working conditions for poor. By focusing on specific legislation she helped enact, such as the Social Security Act and laws regarding working conditions, the Article ultimately seeks to portray Perkins as the most influential person to urban America in the twentieth century.


The Discernment Of (The Law Student's) Vocation In Law, David L. Gregory Jan 1998

The Discernment Of (The Law Student's) Vocation In Law, David L. Gregory

Fordham Law Review

No abstract provided.


The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies Jan 1996

The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies

Fordham Law Review

No abstract provided.


The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner Jan 1996

The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner

Fordham Urban Law Journal

This Article examines how the concept of equality has played out in the efforts of the courts to define student rights in several important areas. These include school prayer and flag salutation, racial discrimination and cases concerning students with learning disabilities. The Article examines how differences in these areas are first conceptualized and then addressed by the courts. This Article discusses good school practices and addresses the educational methods which have been proven to be effective. The common thread in effective educational doctrine is that programs which integrate and include students are often the most effective education method on many …


Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael M. Heise Jan 1994

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

Fordham Law Review

No abstract provided.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley

Fordham Law Review

Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet

Fordham Law Review

Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii

Fordham Law Review

Professor Days describes the successful desegregation of the Hillsborough County, Florida school system. The Hillsborough case was originally filed by Thurgood Marshall and Constance Baker Motley and exemplifies the optimal outcome of Brown.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper

Fordham Law Review

As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.


Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack Jan 1992

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Limitless Horizons Of Brown V. Board Of Education, Louis H. Pollack

Fordham Law Review

Judge Pollak discusses the impact of Brown on Supreme Court jurisprudence. He begins by recounting Morgan v. Virginia--a significant Supreme Court decision that foreshadowed the holding of Brown. The remainder of Judge Pollak's speech highlights Brown's impact on, inter alia, First Amendment jurisprudence and international law.