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Articles 1 - 6 of 6
Full-Text Articles in Law
Unrules, Gabriel Scheffler, Cary Coglianese, Daniel E. Walters
Unrules, Gabriel Scheffler, Cary Coglianese, Daniel E. Walters
Articles
At the center of contemporary debates over public law lies administrative agencies' discretion to impose rules. Yet for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation through, for instance, waivers, exemptions, or exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …
Teaching Written Advocacy In A Law Clinic Setting, Tamar Ezer
Teaching Written Advocacy In A Law Clinic Setting, Tamar Ezer
Articles
Written advocacy is a critical lawyering skill and vital component of student work in many clinics. This is certainly true in appellate advocacy and policy-based clinics, such as my own focused on human rights advocacy. Teaching written advocacy requires a deliberate and thoughtful pedagogy, just as with other aspects of clinical teaching. There is a rich literature on teaching legal writing, but only sparse discussion of its applicability in the fast-paced law clinic setting, where written products have real world consequences and need to be of high quality. This article delves into this literature and argues that written advocacy consists …
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
Articles
No abstract provided.
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara
Articles
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …
Promises Made, Promises Broken: The Anatomy Of Idaho's School Funding Litigation, John E. Rumel
Promises Made, Promises Broken: The Anatomy Of Idaho's School Funding Litigation, John E. Rumel
Articles
This Article discusses the protracted Idaho Schools for Equal Educational Opportunity ("ISEEO") K-12 school funding litigation in Idaho - litigation initiated by plaintiffs under Idaho's state constitutional education clause in the early 1990s, which resulted in six reported decisions by the Idaho Supreme Court and two additional decisions in follow-on federal and state court cases and which, although leading to the state Supreme Court's affirming the trial court's determination that the Idaho legislature had failed to adequately fund public education under the thoroughness provision of the education clause, resulted in the state high court's dismissing the case without addressing the …
The Virtual Law School, 2.0, A. Michael Froomkin
The Virtual Law School, 2.0, A. Michael Froomkin
Articles
Just over twenty years ago I gave a talk to the AALS called The Virtual Law School? Or, How the Internet Will De-skill the Professoriate, and Turn Your Law School Into a Conference Center. I came to the subject because I had been working on internet law, learning about virtual worlds and e-commerce, and about the power of one-to-many communications, and it struck me that a lot of what I had learned applied to education in general and to legal education in particular.
It didn't happen. Or at least, it has not happened yet. In this essay I want …