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Articles 1 - 26 of 26
Full-Text Articles in Law
The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk
The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk
Pace Law Review
This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …
2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell
2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell
Nevada Law Journal
No abstract provided.
Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack
Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack
Journal of Legal Education
No abstract provided.
Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney
Legislation And Regulation In The Core Curriculum: A Virtue Or A Necessity?, James J. Brudney
Journal of Legal Education
No abstract provided.
Legislation & Regulation And Reform Of The First Year, John F. Manning, Matthew Stephenson
Legislation & Regulation And Reform Of The First Year, John F. Manning, Matthew Stephenson
Journal of Legal Education
No abstract provided.
A Program In Legislation, Dakota S. Rudesill, Christopher J. Walker, Daniel P. Tokaji
A Program In Legislation, Dakota S. Rudesill, Christopher J. Walker, Daniel P. Tokaji
Journal of Legal Education
No abstract provided.
Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss
Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss
Journal of Legal Education
No abstract provided.
The Ripple Effect Of "Leg-Reg" On The Study Of Legislation And Adminstrative Law In The Law School Curriculum, Abbe R. Gluck
The Ripple Effect Of "Leg-Reg" On The Study Of Legislation And Adminstrative Law In The Law School Curriculum, Abbe R. Gluck
Journal of Legal Education
No abstract provided.
Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman
Discussing Advocacy Skills In Traditional Doctrinal Courses, Stephen A. Newman
Journal of Legal Education
No abstract provided.
Does Kingsfield Live?: Teaching With Authenticity In Today's Law Schools, Melissa J. Marlow
Does Kingsfield Live?: Teaching With Authenticity In Today's Law Schools, Melissa J. Marlow
Journal of Legal Education
No abstract provided.
Institutionalizing Legal Innovation: The (Re)Emergence Of The Law Lab, Martha F. Davis
Institutionalizing Legal Innovation: The (Re)Emergence Of The Law Lab, Martha F. Davis
Journal of Legal Education
No abstract provided.
The Demand For Legal Education: The Long View, Deborah M. Hussey Freeland
The Demand For Legal Education: The Long View, Deborah M. Hussey Freeland
Journal of Legal Education
No abstract provided.
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
Akron Law Review
This comment examines the recent trend towards anti-affirmative action in the context of university admissions policies. First, the comment will trace some of the formative history of affirmative action, including the Bakke decision. It will then review and analyze specific judicial and legislative events which suggest a trend towards anti-affirmative action. Finally, the comment will explore the different rationales for affirmative action and suggest some alternatives to racial preferences in admissions policies.
Why A Fundamental Right To A Quality Education Is Not Enough, James Wilson
Why A Fundamental Right To A Quality Education Is Not Enough, James Wilson
Akron Law Review
This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article’s title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …
Thinking About The Constitution At The Cusp, Mark Tushnet
Thinking About The Constitution At The Cusp, Mark Tushnet
Akron Law Review
Marshall’s understanding that schools have an implicit curriculum might be a better guide to thinking about what we should teach about the Constitution in this century than any substantive points I might make. One controversial example may illustrate Marshall’s understanding: just as he asked what lesson would be taught by delaying desegregation, so we might ask, “What lesson will be taught about the nature of our constitutional community if we adopt a large-scale system of vouchers that parents can use to assist them in sending their children to non-public schools?” Such a system would demonstrate B and would teach our …
The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross
The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross
Akron Law Review
Despite their ringing declarations about human rights, Meyer and Pierce were both formally decided largely on the basis of property rights -- the liberty of the schools to conduct a business, the right of private school teachers to follow their occupation, and the freedom of the schools and the parents to enter into contracts. Although the Court easily could have decided the cases on the bases of freedom of religion or freedom of speech, the Court had not yet incorporated any part of the Bill of Rights into state law, and it was not prepared to begin the process of …
Sorting And Reforming: High-Stakes Testing In The Public Schools, Rachel F. Moran
Sorting And Reforming: High-Stakes Testing In The Public Schools, Rachel F. Moran
Akron Law Review
As with “Millionaire,” these practices are widely accepted, roundly applauded, but nevertheless quite controversial. In this article, I will first examine the historical origins of high-stakes testing. Next, I will describe the growing interest in these tests in elementary and secondary schools as well as the tensions that have resulted. Then, I will explore the most significant challenges to the use of high-stakes testing as a requirement for graduation or promotion to another grade. This article will close by contemplating the likely future of the movement for testing and accountability.
Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho
Adjudicating Cases Involving Adolescents In Suffolk County Criminal Courts, Honorable Fernando Camacho
Touro Law Review
No abstract provided.
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
University of Massachusetts Law Review
This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial interpretation …
Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard
Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard
University of Massachusetts Law Review
Manifestation Determination Review (MDR) advocacy is difficult regardless of the role of the advocate —whether the advocate is a parent, an advocate, or an attorney. Because the MDR is conducted as an Individualized Education Program (IEP) Team meeting, if consensus cannot be reached, school personnel make the ultimate decision. Therefore, the advocate’s persuasiveness and preparedness at the MDR will be critical in arriving at a consensus. This Article goes beyond the basic legal framework for an MDR and focuses on practical suggestions and approaches to enhance an advocate’s efforts on behalf of a child or client. By employing the suggestions …
Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst
Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst
The Hilltop Review
Social media has certainly evolved and continues to do so with each new day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. In the following years since its inception, social media has captured a significant amount of time of individuals in every aspect of their lives. However, with this advancement also comes possible conflict in how companies and departments within a university or college setting conduct background checks. Social media makes public profiles an easy click away and many potential job seekers may not see the problems that …
Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray
Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray
University of Richmond Law Review
This article responds to these questions by focusing on the primary roots of this justice issue, namely the prevalence of guiltypleas and the continued efforts of legislatures to increase the life- long price of a conviction. Part I begins with a discussion of these practical realities within the criminal justice system. Part II then examines the law of guilty pleas under the Fifth Amendment, including constitutional standards for valid pleas, and how current jurisprudence fails to account for the collateral consequences mentioned in Part I. Part II also discusses the right to effective assistance of counsel under the Sixth Amendment, …
Faculty Insights On Educational Diversity, Meera E. Deo
Faculty Insights On Educational Diversity, Meera E. Deo
Fordham Law Review
Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
Georgia Journal of International & Comparative Law
No abstract provided.
Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary
Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary
University of Massachusetts Law Review
The introduction to the issue discusses the history of UMass Law Review and its contribution to legal scholarship.
Education-As-Inheritance Crowds Out Education-As-Opportunity, Palma Joy Strand
Education-As-Inheritance Crowds Out Education-As-Opportunity, Palma Joy Strand
Saint Louis University Law Journal
No abstract provided.