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Articles 1201 - 1230 of 1488
Full-Text Articles in Law
Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile
Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile
Journal Articles
On a bulletin board at the University of Queensland, in Brisbane, Australia appears the following warning to students: "Please don't cheat in your exams; Senate is not inclined to be merciful." The emphasis in this entreaty on the role of the University governing board reflects a major difference, although only one of them, between the American and Australian treatments of student shortcomings, academic or disciplinary.
This Article will discuss, from an American perspective, the law affecting decisions regarding academic and disciplinary matters in Australian universities. This discussion will address not only internal university governance, but also the impact of Constitutional, …
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.
Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield
Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications
This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court's strict scrutiny test.
What Juvenile Court Abolitionists Can Learn From The Failures Of Sentencing Reform, David Yellen
What Juvenile Court Abolitionists Can Learn From The Failures Of Sentencing Reform, David Yellen
Articles
No abstract provided.
Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown
Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Latest Home Education Challenge: The Relationship Between Home Schools And Public Schools, Lisa Lukasik
The Latest Home Education Challenge: The Relationship Between Home Schools And Public Schools, Lisa Lukasik
Scholarly Works
No abstract provided.
The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki
The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki
Department of Counseling Scholarship and Creative Works
Model legislation seeks to facilitate uniformity of counselor licensure laws and promote accepted professional standards. The text of the model bill as endorsed by the 1994 American Counseling Association Governing Council is provided with commentary accompanying those sections in which significant changes have occurred. The article concludes with 15 specific suggestions based on experiences gained in the development and implementation of previous legislation for licensed professional counselors.
State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise
State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Remark: Brown V. Board: Revisited, Michael A. Middleton
Remark: Brown V. Board: Revisited, Michael A. Middleton
Faculty Publications
[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …
New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers
New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers
UF Law Faculty Publications
Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed …
The Court Vs. Educational Standards, Michael Heise
The Court Vs. Educational Standards, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise
State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas
Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas
Popular Media
No abstract provided.
Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson
Law Faculty Publications
The use of minority scholarships to create a diverse student body and to remedy past discrimination has been the subject of considerable controversy in recent years. Although such scholarships constitute a small percentage of financial aid for higher education, opponents of minority scholarships argue that they unfairly discriminate against non-minority students on the basis of race. In Podberesky v. Kirwan, the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court …
Balanced Scholarship And Racial Balance, Brian K. Landsberg
Balanced Scholarship And Racial Balance, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …
The Federal Government And The Promise Of Brown, Brian K. Landsberg
The Federal Government And The Promise Of Brown, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …
America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway
America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This book takes the position that public schools can be saved if we can learn from history, discard ineffective methods and policies, and recognize the essential elements of quality education. Chapter 1 reviews reports that have portrayed a crisis in American public education. Chapter 2 examines disparities in public- and private-education costs. The third chapter examines education-reform movements, particularly the choice movement, and identifies the ingredients of effective education. The fourth chapter reviews the history of American public education, with a view to understanding today's school system. The legacy of racial discrimination is described in the fifth chapter. Chapter 6 …
Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich
Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich
Journal Articles
This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
Book Review. Normative And Going Nowhere, Kevin D. Brown
Book Review. Normative And Going Nowhere, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford
The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
Publications
No abstract provided.
Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael Heise
Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Teaching Assistants: Study Of Their Use In Law School Research And Writing Programs, Julie M. Cheslik
Teaching Assistants: Study Of Their Use In Law School Research And Writing Programs, Julie M. Cheslik
Faculty Works
No abstract provided.
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Faculty Publications
Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Faculty Publications
No abstract provided.
Toil Of The Firestarters, Peter A. Alces
Philadelphia Plan, Neal Devins
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
Teaching Ethics: The Role Of The Law Schools, The Courts And The Bar, Ellen Suni
Teaching Ethics: The Role Of The Law Schools, The Courts And The Bar, Ellen Suni
Faculty Works
No abstract provided.