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Articles 1 - 18 of 18
Full-Text Articles in Law
Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel
Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel
ExpressO
This article is an empirically-based follow-up to a piece I published last year in the Journal of Legal Education entitled, On Collegiality, 54 J. Legal Educ. 406 (2004). It provides insight into the process of conducting empirical research and sets forth some preliminary – yet very intriguing – data and qualitative information gleaned from a survey responded to by more than 1200 law professors nationwide. The survey addressed a wide range of topics related to collegiality and job satisfaction in the legal-academic profession.
Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman
Seeing Government Purpose Through The Objective Observer's Eyes: The Evolution-Intelligent Design Debates, Kristi L. Bowman
ExpressO
In October, 2004, the Dover, Pennsylvania School District became the first in the nation to adopt a policy requiring students studying evolution to be told about the concept of intelligent design. Soon thereafter, parents filed a lawsuit challenging the policy as violating the Establishment Clause. But, Establishment Clause doctrine is one of the most splintered, incoherent areas of the Court’s jurisprudence—and even more so after the Court’s June 2005 McCreary County v. Kentucky decision. Read strictly, McCreary County imports the effects-endorsement “objective observer” into the government purpose inquiry. This subtle shift has significant ramifications: McCreary County changes the nature of …
Through The Looking Glass: Judicial Deference To Academic Decision Makers, The Conflict In Higher Education Between Fundamental Program Requirements And Reasonable Accommodations Under Section 504 Of The Rehabilitation Act And The Americans With Disabilities Act., Douglas Rush
ExpressO
No abstract provided.
The Rules Of The Game: "Play In The Joints" Between The Religion Clauses, Sharon Keller
The Rules Of The Game: "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
This article uses the case of Locke v. Davey as an exemplar of the new Establishment clause jurisprudence which has opened the door for greater governmental support of sectarian schools and enterprises. What I believe has not been truly appreciated is that the rhetorical approach that fostered the change, if followed consistently, should increase the government’s burden in justifying pressures or sacrifices of personal rights such as Joshua Davey faced in the exemplar case.
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
ExpressO
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Solomon Amendment, Gerald A. Daniel
Solomon Amendment, Gerald A. Daniel
ExpressO
Review of the history and current status of the Solomon Amendment with respect to law schools and law school organizations opposed to military recruiting policies which exclude homosexual applicants from consideration for military service.
The Opportunity In Adequacy Ligitation: Recognizing The Legitimacy And Value Of Pursuing Educational Reform Through The Courts, Amanda S. Hawthorne
The Opportunity In Adequacy Ligitation: Recognizing The Legitimacy And Value Of Pursuing Educational Reform Through The Courts, Amanda S. Hawthorne
South Carolina Law Review
No abstract provided.
The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu
The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu
ExpressO
Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …
The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen
The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen
ExpressO
High school dropouts are a serious problem facing America today. High school dropouts are more likely to be unemployed, earn less money when employed, place a larger burden on the government by requiring public assistance (welfare), and are more likely to be prone to a life of crime and violence than high school completers. While government at all levels continues to focus on schools and teachers in solving the dropout problem, this paper shows how parents are where the focus should lie. This paper proposes a revolutionary tax credit, the High School Attainment Credit (“HSAC”), which would cost-effectively eradicate the …
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
West Virginia Law Review
No abstract provided.
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
Separate But Equal And Single-Sex Schools , Gary J. Simson
Separate But Equal And Single-Sex Schools , Gary J. Simson
Cornell Law Faculty Publications
Spurred on by published reports about gender bias in the schools, public single-sex schools, which had almost disappeared from the scene in the U.S. fifteen years ago, began to make a comeback in the early 1990s. In addition, in the past few years, the Bush Administration has taken measures to add momentum to this development. Does the principle that separate is inherently unequal, which the Supreme Court in Brown v. Board of Education laid down in the context of public schools separated by race, also apply to public schools separated by sex?
Part I of this Article examines the constitutionality …
The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr.
The New Idea: Shifting Educational Paradigms To Achieve Racial Equality In Special Education, Robert A. Garda Jr.
Robert A. Garda
African American students are being re-segregated in today's public schools by their disproportionate placement in special education classes for the disabled pursuant to the Individuals With Disabilities in Education Act (IDEA). At the same time, the overall number of children found disabled and entitled to special education under the Act has skyrocketed over the past decade, leaving special education classes with swollen roles and inadequate resources. Congress attempts to remedy this divisive dual eligibility crisis when it re-authorized the IDEA in 2004 by promoting an educational paradigm of individualized instruction in general education. The new IDEA seeks to "fix" special …
Techniques Available To Incorporate Transnational Components Into Traditional Law School Courses: Integrated Sections; Experiential Learning; Dual J.D.S; Semester Abroad Programs; And Other Cooperative Agreements, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resegregation In Public Education, Stephen Wermiel
Resegregation In Public Education, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.