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Full-Text Articles in Law
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
How Gender And Other Identity Factors Influence Attitudes Toward Will Making: Lessons From Australia, Bridget J. Crawford, Tina Cockburn, Kelly Purser, Ho Fai Chan, Stephen Whyte, Uwe Dulleck
Elisabeth Haub School of Law Faculty Publications
This essay aims to stimulate interest in further empirical study of attitudes toward will making by reporting the results of a 2022 survey conducted in Australia of the general population (n=1202) and legal professionals (n=112). We asked participants for their views about the ideal age at which to begin the will-making process and the relative contributions of the client and attorney to any resulting will. There was a discernible gender-based difference in views on both questions. Women preferred to initiate those conversations approximately six years earlier than men did and, especially at earlier life stages, preferred less professional input into …
Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson
Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson
Elisabeth Haub School of Law Faculty Publications
Title IX of the Education Amendments Act of 1972 (“Title IX”) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define “sex” to include discrimination on the basis of menstruation or related conditions such as perimenopause and menopause. This textual absence has caused confusion over whether Title IX must be interpreted to protect students and other community members from all types of sex-based discrimination. It also calls into question the law's ability to break down systemic sex-based barriers related to menstruation in educational spaces. Absent an interpretation that there …
If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra M. Vollweiler
If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra M. Vollweiler
Pace Law Review
No abstract provided.
Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford
Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
“Oh no. Could I borrow a tampon or pad?” These (or similar) words are familiar to almost everyone who has ever had a period. Even for adults, menstruation can at times be a challenge. For some schoolchildren, it can be an insurmountable obstacle to receiving an education. Students are subject to constant observation by classmates and teachers; they may not have autonomous access to a bathroom during the school day; or they may not be able to afford menstrual products. They may experience menstruation-related peer harassment, restrictive school policies, a lack of access to menstrual products, and inadequate menstruation-related education. …
Walking Out: Schools, Students, And Civil Disobedience, Michelle S. Simon
Walking Out: Schools, Students, And Civil Disobedience, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This Article begins in Part I by reviewing the history and impact of youth civil disobedience and the special issues school walkouts raise. Part II then discusses the legal doctrines that guide school administrators and courts as they aim to strike a suitable balance between free expression and the day-to day operations of a school. Part III analyzes the different approaches school districts have taken, and offers specific advice to school districts dealing with future walkouts. Part IV cautions that the only constitutionally permitted response by school districts is to subject students to the same consequences they would face for …
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 …
Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman
Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
Public schools learn about their students' personal lives in many ways. Some are passive: a teacher observes a student kissing someone, or overhears a conversation among friends. But schools also engage in more active information-gathering about students' personal lives, through surveys and informal conversations between students and teachers, administrators, school psychologists, counselors, coaches, and other personnel. This Article explores the competing privacy considerations that result from such encounters. Once schools have learned highly personal information about their students, does it violate those students' privacy rights to disclose that information to their parents? Or does keeping the information secret violate the …
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Pace International Law Review
The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the …
Family Choice: An Idea Whose Time Has Come And Gone?, James J. Fishman
Family Choice: An Idea Whose Time Has Come And Gone?, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The heart of the criticism of the existing educational system is the feeling that public schools no longer meet the needs of society, educational bureaucracies account to no one, parents have little say or choice in the educational options for their children, there is little diversity in public schools, and the public school establishment has resisted any attempts at reform or distributing data that could be used to challenge the present system.
Review Of "Educational Policymaking And The Courts: An Empirical Study Of Judicial Activism" By Michael A. Rebell And Arthur R. Block, James J. Fishman
Review Of "Educational Policymaking And The Courts: An Empirical Study Of Judicial Activism" By Michael A. Rebell And Arthur R. Block, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.