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Articles 1 - 5 of 5
Full-Text Articles in Law
Resources For Special Education Advocacy, Virginia A. Neisler
Resources For Special Education Advocacy, Virginia A. Neisler
Law Librarian Scholarship
The CDC reports that approximately 1 in 6 children in the United States has a developmental disability.1 Certain types of developmental disabilities are becoming rapidly more prevalent, with autism spectrum disorder affecting 1 in 59 children in 2014 (as compared to 1 in 150 as recently as 2002).2 From 1997 to 2008, all incidences of developmental disabilities in children in the United States increased in prevalence by more than 17 percent.3 This represents a significant part of our population and in recent decades has given rise to a complex system of legal rights and protections for developmentally disabled children that …
College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman
College Athletics: The Chink In The Seventh Circuit's "Law And Economics" Armor, Michael A. Carrier, Marc Edelman
Michigan Law Review Online
If any court is linked to the “law and economics” movement, it is the Seventh Circuit, home of former Judge Richard Posner, the “Chicago School,” and analysis based on markets and economics. It thus comes as a surprise that in college-athletics cases, the court has replaced economic analysis with legal formalisms. In adopting a deferential approach that would uphold nearly every rule the National Collegiate Athletic Association (NCAA) claims is related to amateurism, the court recalls the pre- Chicago School era, in which courts aggressively applied “per se” illegality based on a restraint’s form, rather than substance. While the …
Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise
Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise
Michigan Journal of Gender & Law
As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity. This Note posits …
The Supreme Court And Public Schools, Erwin Chemerinsky
The Supreme Court And Public Schools, Erwin Chemerinsky
Michigan Law Review
Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.
Return Of The Campus Speech Wars, Thomas Healy
Return Of The Campus Speech Wars, Thomas Healy
Michigan Law Review
Review of Erwin Chemerinsky and Howard Gillman's Free Speech on Campus.