Law Commons^™

Vincentian Education: The Role Of Compassion, Jerrold Ross

Journal of Vincentian Social Action

The renowned Vincentian Center of St John's University brings with it additional prestige and recognition to the research faculties who produce important findings for all levels of Catholic education and for the perpetuation of a tradition long associated with the University. Beginning with Catholic education in preschool and continuing through higher education, Vincentian education, now in its second century, should provide Hope, answer our dreams and refresh its reaction to a vibrant social context, so that people can understand its meaning beyond philosophical statements.

Jovsa: Editorial, Marc E. Gillespie

Journal of Vincentian Social Action

Vincentian Universities are engaged in service at so many levels and in so many ways, yet it is easy to move through our day unaware of the herculean efforts that our students and colleagues are engaged in. The Vincentian Universities seem rooted in the idea of service. For us, service is not another trend that we adopted, but rather it has always been part of our constitution. The work presented in this issue provides two direct examples of how we can better serve.

Reforming School Discipline, Derek W. Black

Northwestern University Law Review

Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Reformers have largely overlooked the connection between discipline and …

Status Of Nuclear Security Education And Research In Bangladesh And Looking Forward, Md. Shafiqul Islam, Md. Mobasher Ahmed

International Journal of Nuclear Security

Bangladesh uses category I of nuclear materials and category 1-5 of radioactive materials in the field of research, medical and industries. The Government is going to implement its first nuclear power plant under an IGA between the Bangladesh and Russian Governments. With the emerging global nuclear and radiological terrorism by potential adversaries, enhancing nuclear security is the paramount importance for the country. The paper has found no established communication channels among stakeholders in order to work in a coordinated and collaborative manner for strengthening the nuclear security. This has resulted lacking importance of education, research, training and knowledge management initiatives …

Building The Education And Training Pillar Of The University Of Tennessee’S Institute For Nuclear Security, Howard Lewis Hall

International Journal of Nuclear Security

The University of Tennessee (UT) developed its first formal and coordinated efforts in nuclear security education in 2008-2009 with its graduate certificate program in nuclear security in the Department of Nuclear Engineering. Building on this work, in 2011 UT established the UT Institute for Nuclear Security (INS) as a collaborative center at the university to expand its curricular impact as well as foster research and partnerships with nearby major governmental facilities engaged in nuclear security work. Oak Ridge National Laboratory (ORNL), the Y-12 National Security Complex (Y-12), and Oak Ridge Associated Universities (ORAU) have joined with UT as charter members …

Nuclear Security Education At Pakistan Institute Of Engineering And Applied Sciences (Pieas): Current Status, Future Prospects And The Lessons Learnt, Tariq Majeed Dr.

International Journal of Nuclear Security

In this paper, the details of nuclear security education at Pakistan Institute of Engineering and Applied Sciences (PIEAS) have been discussed. Nuclear Security education was initiated at PIEAS as a sub-specialty of its MS Nuclear Engineering Program in October 2009. Two courses, Nuclear Security (NE-581) and Physical Protection Systems (NE-582) have been offered on regular basis in the 3^rd and 4^th semesters. To date, 72 students have been graduated with this sub-specialty. The most important lesson learnt is that introduction of nuclear security related courses in nuclear engineering program has opened up new venues of applications of nuclear …

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …

Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones

Georgia State University Law Review

The Act amends provisions of the HOPE scholarship by allowing students who choose to take more rigorous courses to have a weighted grade point average for the evaluation of their HOPE scholarship disbursement.

Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha

Missouri Law Review

Part II of this Note discusses the legal context in which this issue must be framed and gives a brief history of how the courts have handled public school drug-testing policies to this point. Part III examines the current state of drug testing in the academic setting – specifically focusing on the ongoing legal situation at Linn State. Part IV delves into questions concerning the Eighth Circuit’s current treatment of the Linn State situation, as well as the potential approaches that the judiciary could take in future cases.

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …

Progressive Alternatives To Imprisonment In An Increasingly Punitive (And Self-Defeating) Society, Sandeep Gopalan, Mirko Bagaric

Seattle University Law Review

Criminal sanctions are a necessary and appropriate response to crime. But extremism, especially when coupled with a slavish and unthinking adherence to traditional practices, nearly always produces unfortunate consequences. Such is the case with the rapid growth in prison numbers in the United States over the past two decades. The prime purpose of imprisonment is to punish serious offenders and to prevent them from reoffending during the period of detention. The overuse of imprisonment has resulted in the violation of the most cardinal moral prohibition associated with imprisonment: punishing the innocent. The runaway cost of the prison budget has resulted …

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.

Convening Experts On Children And International Criminal Justice, Diane Marie Amann

Georgia Journal of International & Comparative Law

No abstract provided.

Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter

Missouri Law Review

Although the questions about whether transgender students have a right to use the restrooms of their gender identity in public schools have been centered on moral and religious concerns, this Note does not focus on those aspects. Instead, it focuses on legal precedent and the implications of developing law on the issue in Missouri. The first half of this Note discusses the federal and state legal backgrounds of transgender students’ right to use the restroom of their gender identity, while the second half discusses the need for the Missouri General Assembly to adopt a specific statute protecting this right.

Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

When Meaningful Writing Reflects Vincentian Values, Michele Eodice, Anne Ellen Geller, Neal Lerner

Journal of Vincentian Social Action

In The Meaningful Writing Project – our study of over 700 seniors at three universities – students describe how education values are embodied in writing projects in and out of school. In brief, our results show that students find meaning when they are invited to tap into the power of personal connection, see what they are writing as applicable and relevant to the real world, imagine their future selves, immerse themselves in what they are thinking and writing about, and experience research for learning. In many cases, the experiences students reported are aligned with Vincentian values for higher education, namely …

Summary Report Of A Faculty Colloquium Held On The Encyclical Letter Laudato Si’ Of The Holy Father Francis On Care For Our Common Home, Mark C. Kiley

Journal of Vincentian Social Action

The Papal Encyclical, issued in summer of 2015, elicited the attention of ten faculty members in St. John’s College of Liberal Arts and Sciences. All but two of the participants were faculty members based primarily in Staten Island. What follows is a collection of highlights from the formal presentations.

Development Of A Mission-Aligned Campus-Community Partnership Model: The Urban Institute Flu Vaccine Initiative For The Indigent Of Nyc, John M. Conry

Journal of Vincentian Social Action

Despite its position as a powerful country which offers the opportunity for state-of-the-art high-quality patient-centered care, many people within the U.S. do not have access to or cannot afford health care. The Urban Institute of the College of Pharmacy and Health Sciences at St. John’s University was successful in developing a community outreach initiative that provided free flu vaccines to an underserved indigent patient population in New York City in an effort to decrease their risk for flu-related morbidity and mortality.

From Mission To Scholarship: Welcome To Jovsa, Deanne A. Southwell, John M. Conry

Journal of Vincentian Social Action

St. Vincent de Paul’s devotion to addressing the needs of the poor is rooted in the foundation of a Vincentian education. As a Catholic and Vincentian institution, the University provides a distinctive, value-based education to its students. In addition to this proud tradition, the University continues to enhance its resources to address the needs of a transforming world. In 2008, the University created a new unit to highlight and strengthen the distinctiveness of its mission. The Vincentian Institute for Social Action was created as part of the University’s strategic plan, with a goal of broadening the Catholic and Vincentian mission …

Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

University of Richmond Law Review

Review:

Rethinking the Law School: Education, Research, Outreach and Governance

By Carol Stolker. Cambridge University Press, 2014. 454 pp. $125.00

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.

The Future Of Workplace Affirmative Action After Fisher, Rebecca K. Lee

St. John's Law Review

(Excerpt)

The Supreme Court’s decision on race-conscious affirmative action in Fisher, along with the Fifth Circuit’s ruling in Fisher on remand, importantly preserves the validity of affirmative action programs in state decisionmaking if the programs meet certain criteria under strict scrutiny and satisfy full judicial review. Although Fisher arose in the higher education context, its application extends to the public setting more generally and thus would also apply to the public sector workplace under the Constitution, making it permissible for public sector employers to use race-conscious affirmative action in hiring and promoting employees. The approach taken in Fisher also …

Past As Prologue In The Affirmative Action Jurisprudence Of The Supreme Court: Reflections On Fisher V. University Of Texas At Austin And Schuette V. Coalition To Defend Affirmative Action, David L. Gregory, Sarah Mannix

St. John's Law Review

(Excerpt)

This Article critically analyzes the dimensions and likely ramifications of Fisher and Schuette. The principle of pragmatic political proportionality eschews the wholly ideological extremist views that would either utterly vitiate affirmative action or deeply embed it as a substantially obsolete elitist residue of endless recalibrating. Instead, this Article subscribes to Lincolnian practical wisdom supplemented with a healthy dose of plain common sense. Enlightened political leadership should seek achievable pragmatic proportionality as the guiding principle controlling access to public institutions of higher education and, consequently, entry into the professions.

Taking Teacher Quality Seriously, Derek W. Black

William & Mary Law Review

Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.

This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge …

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.

We Have To Do Better: Attacking Teacher Tenure Is Not The Way To Solve Education Inequity, Ellen Henrion

Missouri Law Review

“[I]t is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” In Brown v. Board of Education, the Supreme Court of the United States struck down public school segregation laws and declared that equal access to education was a right that must be afforded to every student. Sixty years after this landmark decision, significant education equity issues continue to plague the country’s schools, which …

The Imposition Of Social Justice Morality In Legal Education, Julie D. Lawton

Indiana Journal of Law and Social Equality

No abstract provided.

A Collision Of Practice And The Law In U.S. Schools And School Districts, Yvonne Pratt-Johnson

Journal of Civil Rights and Economic Development

No abstract provided.

Issue 3: Allen Chair Table Of Contents

University of Richmond Law Review

No abstract provided.

Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt

University of Richmond Law Review

No abstract provided.