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The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel
The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel
Pepperdine Dispute Resolution Law Journal
Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA IHO impartiality is …
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Faculty Scholarship
This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …