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2009

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Articles 1 - 30 of 57

Full-Text Articles in Law

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon Dec 2009

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt Dec 2009

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt

The Scholar: St. Mary's Law Review on Race and Social Justice

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …


November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz Nov 2009

November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


A Problem With The Federal Education Records Privacy Act- Educational Privacy Can Be Taken Too Far; Degrees Can Be Used To Persecute Persons And Violate The Rights Of Persons Using The Degrees And The Significance We Attach To Degrees., James T. Struck Nov 2009

A Problem With The Federal Education Records Privacy Act- Educational Privacy Can Be Taken Too Far; Degrees Can Be Used To Persecute Persons And Violate The Rights Of Persons Using The Degrees And The Significance We Attach To Degrees., James T. Struck

James T Struck

A Problem with the Federal Education Records Privacy Act is that Educational privacy can be taken too far; degrees can be used to persecute persons and violate the rights of persons using the degrees and the significance we attach to degrees. Persons cannot confirm obtainment of a degree without subpeonas even when rights are being violated.


Moore-Mulligan-Brown Collection (Mss 219), Manuscripts & Folklife Archives Nov 2009

Moore-Mulligan-Brown Collection (Mss 219), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 219. This collection consists chiefly of correspondence of the Moore, Mulligan, Brown and Johns families, who are interrelated. The correspondence deals chiefly with family matters and events occurring in Trigg County, Kentucky and Allen County, Kentucky.


Meeting The Carnegie Report's Challenge To Make Legal Analysis Explicit - Subsidiary Skills To The Irac Framework, Nelson P. Miller, Bradley J. Charles Nov 2009

Meeting The Carnegie Report's Challenge To Make Legal Analysis Explicit - Subsidiary Skills To The Irac Framework, Nelson P. Miller, Bradley J. Charles

Journal of Legal Education

No abstract provided.


Skills Without Stigma: Using The Jurist Method To Teach Legal Research And Writing, Abigail Salisbury Nov 2009

Skills Without Stigma: Using The Jurist Method To Teach Legal Research And Writing, Abigail Salisbury

Journal of Legal Education

No abstract provided.


Moral Education In Law Schools And Law Firms, Maksymilian Del Mar Nov 2009

Moral Education In Law Schools And Law Firms, Maksymilian Del Mar

Journal of Legal Education

No abstract provided.


Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith Nov 2009

Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith

Missouri Law Review

Missouri has been home to many of the landmark moments in the struggle for racial equality. The Missouri Compromise saved the Union; almost four decades later, the determination that Missouri slave Dred Scott was mere property split the Union. During the Civil War that followed, more battles and skirmishes took place in Missouri than in any other state outside of Virginia and Tennessee. After the Civil War Amendments abolished slavery and guaranteed every person equal protection of the law, the United States Supreme Court allowed a Jefferson City, Missouri, inn to refuse service to blacks. The Court later relied upon …


A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block Nov 2009

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.


Special Education Law, William H. Hurd, Stephen C. Piepgrass Nov 2009

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.


Funny Money: How Federal Education Funding Hurts Poor And Minority Students, Cassandra Jones Havard Oct 2009

Funny Money: How Federal Education Funding Hurts Poor And Minority Students, Cassandra Jones Havard

All Faculty Scholarship

Neither race nor class alone can predict educational achievement. However, in America, disparities in funding for education may be an impediment to educational opportunity for disadvantaged youth. At the crux of the Nation's achievement gap among minority children is the question of the how states should allocate federal education funds, and how local school districts should use those monies. Educators have long recognized that the socioeconomic circumstances of many public school students present great educational challenges. Since 1965, Congress has authorized the use of federal funds by local school districts to remedy the achievement gap.

Part I of this Article …


A Few Drops Of Oil Will Not Be Enough, Stephen James Oct 2009

A Few Drops Of Oil Will Not Be Enough, Stephen James

Human Rights & Human Welfare

Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …


"The Female Entrepreneur"?, Cath Collins Oct 2009

"The Female Entrepreneur"?, Cath Collins

Human Rights & Human Welfare

I read the “Women’s Crusade” article that forms the centrepiece of this month’s roundtable with initial interest, gradually turning to a vague sense of disquiet spiced with occasional disbelief. After a few more readings, I tried highlighting the passages that bothered me and stringing them together. Countries “riven by fundamentalism”— that’s presumably the Islamic variety, rather than the Christian variant which holds such sway in the US. The suggestion that “everyone from the World Bank to the US [...] Chiefs of Staff to [...] CARE” now thinks that women are the answer to global extremism hides too many questionable assumptions …


Cases And Materials On Privatization, Alexander Volokh Sep 2009

Cases And Materials On Privatization, Alexander Volokh

Alexander Volokh

These are the materials for my course on privatization, and the draft for an eventual casebook.


Lost In The Numbers: The Underrepresentation Of Asian American Groups And The Case For Disaggregating “Asian” Data, William W. Yu Sep 2009

Lost In The Numbers: The Underrepresentation Of Asian American Groups And The Case For Disaggregating “Asian” Data, William W. Yu

William W Yu

While certain Asian ethnicities outperform Whites and other groups with respect to socioeconomic achievement, other Asian groups fail to reach the same levels of success. Despite this, the aggregate treatment of Asian Americans continues in affirmative action debates, especially in the educational context. As a result, the unique needs and issues of groups such as Southeast Asians are often ignored. The aggregate treatment is also used to justify the exclusion of Asian Americans from affirmative action policies because of a belief that Asian Americans as a whole are already adequately represented in schools, and thus no longer need affirmative action. …


August 4, 2009: Posting The Declaration Of Independence In Public School Classrooms, Bruce Ledewitz Aug 2009

August 4, 2009: Posting The Declaration Of Independence In Public School Classrooms, Bruce Ledewitz

Hallowed Secularism

Blog post, “Posting the Declaration of Independence in Public School Classrooms“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Legal Education Reform In China Through U.S.-Inspired Transplants, Matthew S. Erie Aug 2009

Legal Education Reform In China Through U.S.-Inspired Transplants, Matthew S. Erie

Journal of Legal Education

No abstract provided.


July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz Jul 2009

July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Will the Children of Secularists Return to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Unexcused Absence: A Review Of The Need, Costs, And (Lack Of) State Support For Peer Mediation Programs In U.S. Schools, Matthew D. Decker Jul 2009

Unexcused Absence: A Review Of The Need, Costs, And (Lack Of) State Support For Peer Mediation Programs In U.S. Schools, Matthew D. Decker

Journal of Dispute Resolution

You might not have heard about peer mediation lately. You might not have heard about it at all. That's a problem. Peer mediation, though grossly underutilized, could be the potent and cost-effective answer to many of the problems facing U.S. schools.


Slides: Economic Incentives For Demand Reduction, Christopher Goemans Jun 2009

Slides: Economic Incentives For Demand Reduction, Christopher Goemans

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University

17 slides


May 19, 2009: For The Establishment Of Religion, Bruce Ledewitz May 2009

May 19, 2009: For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “For the Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


In The Matter Of Exemption To Prohibition On Circumvention Of Copyright Protection Systems For Access Control Technologies: Hearing Before The U.S. Copyright Office, Library Of Cong., May 6, 2009 (Statement Of Roger V. Skalbeck, Geo. U. L. Library, On Behalf Of The American Association Of Law Libraries, The Medical Library Association And The Special Libraries Association), Roger Skalbeck May 2009

In The Matter Of Exemption To Prohibition On Circumvention Of Copyright Protection Systems For Access Control Technologies: Hearing Before The U.S. Copyright Office, Library Of Cong., May 6, 2009 (Statement Of Roger V. Skalbeck, Geo. U. L. Library, On Behalf Of The American Association Of Law Libraries, The Medical Library Association And The Special Libraries Association), Roger Skalbeck

Testimony Before Congress

The American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association submit the following comments on exemptions that should be granted pursuant to 17 U.S.C. § 1201 (a)(1)(C).

Our request for an exemption is specifically aimed at literary and audiovisual works, usually commercially-produced, lawfully-acquired DVDs, when circumvention is used to make compilations of brief portions of the works for educational use by faculty members in a classroom setting.

Specifically, we request that the exemption granted to faculty in media and film studies programs after the 2006 rulemaking proceeding be broadened to faculty of law and the …


Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee Apr 2009

Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee

Kendra H Fershee

This Article describes the unequal treatment of pregnant students historically in American public school historically and how the regulations implementing Title IX are too weak to ensure that the historical discrimination cease, despite the prohibitions on discriminatory practices. This Article explains the historical reasons for the discrimination, Congress’s attempt to remedy the discrimination through Title IX and its implementing regulations, and the failure of the regulations to meet the regulatory goals of school access, choice, and quality. The Article continues to make concrete suggestions, with specific language recommendations, for changes in the current Title IX regulations with respect to pregnancy. …


Gender Mainstreaming In Social Protection By Vibhuti Patel, Professor Vibhuti Patel Apr 2009

Gender Mainstreaming In Social Protection By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender mainstreaming has become a buzzword in development discourse in the 21st century. The volume under review is a timely publication in the context of the ever increasing pauperisation and immiserisation of millions of people, especially women and children. Naila Kabeer has performed a daunting task in examining the effect of economic globalisation on gender relations for a large majority of the poor around the world and the affirmative actions taken by the nation states.


Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli Apr 2009

Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli

Missouri Law Review

This Essay will discuss the impact that recognizing religious and philosophical exemptions to mandatory school vaccinations may have on society, with a particular focus on who should bear the costs of the negative externalities created by widespread use of such exemptions. Part I will discuss the rationale behind mandatory vaccinations and identify the costs associated with religious and philosophical exemptions. Part II will discuss the current state of school vaccination law and explain why society cannot expect legislatures to completely eliminate religious and philosophical exemptions or rely on the judiciary to provide a proper check on the abuse of such …


March 7, 2009: Day 2 Of The Conference, Bruce Ledewitz Mar 2009

March 7, 2009: Day 2 Of The Conference, Bruce Ledewitz

Hallowed Secularism

Blog post, “Day 2 of the Conference“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 5, 2009: Impressions From Day 1 Of The New School Religion/Secular Conference, Bruce Ledewitz Mar 2009

March 5, 2009: Impressions From Day 1 Of The New School Religion/Secular Conference, Bruce Ledewitz

Hallowed Secularism

Blog post, “Impressions from Day 1 of the New School Religion/Secular Conference“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Untapped Inventive Potential In U.S. Communities, Michael Meehan Mar 2009

Untapped Inventive Potential In U.S. Communities, Michael Meehan

Michael Meehan PhD

This paper combines the 2000 U.S. Census data and the National Bureau of Economic Research’s (NBER) Patent Citation Data File in order to analyze how certain community-level population and community factors correlate with overall patenting and relative rates of assigned and unassigned patenting. Among the interesting findings discussed are that, in addition to the fact that overall patenting increased with higher populations of employed people, higher populations of people with either terminal undergraduate or master’s degrees, and higher median income, the overall rates of patenting decreased, and did not merely remain the level, as the other sectors of a communities’ …


Is Permitting Student Use Of Laptops In Class A Good Idea? 'It Depends' - A Variety Of Approaches Is Best, Lynn Mclain Feb 2009

Is Permitting Student Use Of Laptops In Class A Good Idea? 'It Depends' - A Variety Of Approaches Is Best, Lynn Mclain

All Faculty Scholarship

An annotated bibliography compiling articles about students' use of technology in law school classes, with a second section discussing Professor McLain's personal experience with classroom technology use.