Law Commons^™

Cracking The Egg: Which Came First—Stigma Or Affirmative Action?, Angela Onwuachi-Willig, Emily Houh, Mary Campbell

Faculty Scholarship

This Article examines the strength of arguments concerning the causal connection between racial stigma and affirmative action. In so doing, this article reports and analyzes the results of a survey on internal stigma (feelings of dependency, inadequacy, or guilt) and external stigma (the burden of others' resentment or doubt about one's qualifications) for the Class of 2009 at seven public law schools, four of which employed race-based affirmative action policies when the Class of 2009 was admitted and three of which did not use such policies at that time. Specifically, this Article examines and presents survey findings of 1) minimal, …

Copyright, Clickers, And Consensus, Jonathan Bacon

SIDLIT Conference Proceedings

A discussion about classroom copyright issues and integrating technology.

Report Of The Commission To Assess The Threat To The United States From Emp Attack: Critical National Infrastructures, William R. Graham

George H Baker

The physical and social fabric of the United States is sustained by a system of systems; a complex and dynamic network of interlocking and interdependent infrastructures (“critical national infrastructures”) whose harmonious functioning enables the myriad actions, transactions, and information flow that undergird the orderly conduct of civil society in this country. The vulnerability of these frastructures to threats — deliberate, accidental, and acts of nature — is the focus of greatly heightened concern in the current era, a process accelerated by the events of 9/11 and recent hurricanes, including Katrina and Rita. This report presents the results of the Commission’s …

On Becoming A Collaborative Professional: From Paradigm Shifting To Transformative Learning Through Critical Reflection And Dialogue, Richard W. Shields

Journal of Dispute Resolution

In Part II, I provide a brief overview of CL and its underlying assumptions. A description of CL training and learning objectives follows in Parts III and IV. In Parts V and VI, I review the paradigm shifting and transformative learning literature. I provide an overview of the study in Part VII, followed by my analysis of the data in Parts VIII and IX. In Part X, I conclude with a discussion of critical reflection and dialogue in a CL training context.

Institutional Constraints, Politics, And Good Faith: A Case Study Of School Finance Reform In Massachusetts , Rachel Wainer Apter

Cornell Journal of Law and Public Policy

No abstract provided.

The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann

Scholarly Works

As the United States moves toward the inauguration in January 2009 of a new President, greater attention is paid to what the country might do to restore and reinforce its traditional role as a leader in the promotion of human rights. This essay warns against any assumption that innovation alone will assure greater enforcement of rights; its points of reference are not only the current administration, but also one long past, that of President John F. Kennedy. Rather than jump to embrace new, global concepts like responsibility to protect, therefore, it argues for careful pursuit of local change. It then …

Mamaloshen At Hopkins: The Education Of Marc Caplan, Kenneth Lasson

All Faculty Scholarship

This short article recounts the life story of Johns Hopkins Professor Marc Caplan, the first professor of Yiddish at that institution. He was born in Alexandria, La, and thus had his origins in the Deep South, in that town of about 100 Jewish families. He eventually went to Yale, and New York University, finally finding his present job at Hopkins, in Baltimore, MD.

Slides: Beyond Rethinking: Redoing Western Water Law, Janet Neuman

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Professor Janet Neuman, Lewis & Clark Law School

17 slides

Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho

38 slides

May 27, 2008: Environmentalism As The New Religion Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Environmentalism as the New Religion of Secularism “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Afro-American Studies Faculty Publication Series

No abstract provided.

May 2, 2008: The Hatred Of Islam, Bruce Ledewitz

Hallowed Secularism

The Hatred of Islam

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Amilcar Shabazz

No abstract provided.

Holistic Approaches To Classroom Instruction, A Precursor To More Collaborative Lawyers: Reflections Of A Professor And Collaborative Lawyer, Kathy-Ann K. Hart

Kathy-Ann K Hart

Coupling of academia and practice in legal curricula can make programs of law study more holistic than many of them currently are. Encouraging law students to learn in more than one way in the classroom engages them as multi-dimensional learners or beings. As a collaborative lawyer I have a vested interest in increasing the numbers of lawyers who choose collaborative practice and I believe that peaceful, more co-operative ways of practicing law (like employing collaborative principles) can create future lawyers and a legal profession that’s healthier and happier. In this article, I reflect on my application of holistic approaches in …

February 18, 2008: Anthony Kronman—Education’S End: Why Our Colleges And Universities Have Given Up On The Meaning Of Life, Bruce Ledewitz

Hallowed Secularism

Anthony Kronman—Education’s End: Why Our Colleges and Universities Have Given Up on the Meaning of Life

February 12, 2008 More On E.J. Dionne Jr., Bruce Ledewitz

Hallowed Secularism

More on E.J. Dionne Jr.

January 26, 2008: Darwin Day 2008, Bruce Ledewitz

Hallowed Secularism

Darwin Day 2008

Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax

All Faculty Scholarship

The past 30 years have witnessed a dramatic divergence in family structure by social class, income, education, and race. This article reviews the data on these trends, explores their significance, and assesses social scientists’ recent attempts to explain them. The article concludes that society-wide changes in economic conditions or social expectations cannot account for these patterns. Rather, for reasons that are poorly understood, cultural disparities have emerged by class and race in attitudes and behaviors surrounding family, sexuality, and reproduction. These disparities will likely fuel social and economic inequality and contribute to disparities in children’s life prospects for decades to …

Really Leaving No Child Behind: How The Supreme Court’S Student Speech Doctrine Compromises Modern Education Reform— And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street

Scott J Street

REALLY LEAVING NO CHILD BEHIND: HOW THE SUPREME COURT’S STUDENT SPEECH DOCTRINE COMPROMISES MODERN EDUCATION REFORM— AND HOW IT CAN USE THE IN LOCO PARENTIS DOCTRINE TO CHANGE IT In June, the Supreme Court decided that a high school principal did not violate one of her student’s First Amendment rights when she punished him for displaying a sign that read “Bong Hits 4 Jesus” as the Olympic torch passed their Alaska school. See Morse v. Frederick, 127 S. Ct. 2618 (2007). But in reaching that conclusion, the Court answered hardly any of the compelling questions that have arisen since it …

Basque In The Foral Community Of Navarre (Cfn), Xabier Irujo, Iñigo Urrutia

Iñigo URRUTIA

The status of the Basque language in Navarre is characterized by the enforcement of a system of linguistic zones that modulates citizens’ linguistic rights depending on where geographically they wish to exercise such rights. In this chapter, the authors describe the legal situation of the Basque language and analyze the development of the linguistic policy in Navarre over the last few years, characterized as it is by its progressively restricted treatment with respect to its own language, which has brought about rebukes from European instances.

Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries

Stephanie D Humphries

In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.

Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

Articles

No abstract provided.

I'D Just As Soon Flunk You As Look At You?: The Evolution To Humanizing In A Large Classroom, Justine A. Dunlap

Faculty Publications

Initially, this article sets forth my own progress in becoming a teacher who incorporates humanizing principles. Next, the article analyzes some of the theory behind the humanizing legal education principles. The article will then present some specific teaching techniques for those interested in adding a humanizing dimension to their teaching, focusing primarily on the large classroom setting. The article will also note the barriers to adopting humanizing techniques, as well as possible ways to overcome those barriers.

Sloppy Joe, Slop, Sloppy Joe: How Usda Commodities Dumping Ruined The National School Lunch Program, J. Amy Dillard

All Faculty Scholarship

Just as the scales beneath the feet of our nation's children are reaching a tipping point, so too is the social movement of providing local, organic foods for America's schoolchildren. This is welcome news to Alice Waters and others who have long-promoted the health and lifestyle benefits of consuming whole, organic, locally grown and produced foods. Change is under way in many districts around the country; one of the most promising is the Berkeley Unified School District (BUSD), which has undergone a complete overhaul of its school lunch program under the leadership of the "Renegade Lunch Lady," Chef Ann Cooper. …

Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual Predator Tracking System, Cheryl Page

Journal Publications

Over half a million registered sex offenders currently live in the United States. Sex offenses are among the most devastating crimes because of the long-lasting emotional, physical, and psychological effects it has on victims. Sadly, most victims of sex offenses are innocent children. "Most sex offenders are not in prison, and ... are largely unknown to people in the community." Sex offenders also have a propensity for reoffending their crimes. "While community supervision and oversight is widely recognized as essential, the system for providing such supervision is overwhelmed." There are many loopholes in the current system that allow sex offenders …

Non-Education In America: Gateway To Subsistence Living, Cheryl Page

Journal Publications

Dropout rates are the proverbial canary-in-the-coal-mine. If ever there was a predictor of poverty, discrimination, abuse, neglect, inability to parent-in short the suffering of an entire generation-it is the lack of experience and education we are affording our minority students. This lack of education is invariably accompanied by lack of not only opportunity, but sustainability. We have a potential generation of students unable to make their way through life independent of government support. The worst crime in a capitalist society is to leave an entire group without the skill set to compete. Perhaps the biggest hurdle to objectively identifying schools …

The Evolution Of Special Education, Kelli J. Esteves, Shaila Rao

Scholarship and Professional Work – Education

The events that have driven the gradual and progressive evolution of special education serve as a backdrop to understanding the foundation of the field and its ever-changing nature. Knowledge of this history is critical if we intend to make further progress.

Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell

Articles by Maurer Faculty

Over the past 30 years America has experienced both a substantial increase in the percentage of blacks multiracial blacks and an unprecedented influx of voluntary immigration of blacks primarily from Africa and the Caribbean. The percentage of foreign-born black immigrants reached 8% of the black population in 2005, and no doubt is higher today. There is evidence that suggests not only that multiracial blacks and foreign-born black immigrants and their sons and daughters constitute a disproportionate percentage of black students in selective higher education programs, but their percentages are larger than most people realize. This article addresses the resulting change …

From The Border To The Schoolhouse Gate: Alternative Arguments For Extending Primary Education To Undocumented Alien Children, Maria Pabón López, Diomedes J. Tsitouras

Hofstra Law Review

No abstract provided.

Challenging Disparities In Special Education: Moving Parents From Disempowered Team Members To Ardent Advocates, Margaret M. Wakelin

Northwestern Journal of Law & Social Policy

No abstract provided.