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Full-Text Articles in Law
Look Up And Around: Musings On Mentors, Role Models, And Professionalism (Revised And Updated), Steven L. Schooner
Look Up And Around: Musings On Mentors, Role Models, And Professionalism (Revised And Updated), Steven L. Schooner
GW Law Faculty Publications & Other Works
As part of Contract Management magazine's 2020 Professional Development issue, this (revised and updated) article offers a rather simple overarching suggestion for successful professionals and future leaders: look up and around. The article encourages readers to identify mentors, embrace the strengths of their role models, and open themselves up to learn from others, evolve, and grow. The article discusses, among other things, education, networking, professional development (and, of course, writing), and the power of optimism.
Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross
Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross
GW Law Faculty Publications & Other Works
This article discusses the trend in and legal recognition of homeschooling throughout the United States. I focus on Christian parents who argue that homeschooling is a means of avoiding exposure to issues about which they do not want their children to learn. I offer two proposals in this article: first, that state governments should impose and adjust curricular requirements for homeschoolers so that they must expose their children to mainstream norms about diversity and social inclusion and second, that when parents who share legal custody of their children disagree about where to educate them, courts should apply a rebuttable presumption …
Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross
Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross
GW Law Faculty Publications & Other Works
'When you talk about the debate on Turkey’s E.U. membership,' a German of Turkish origin who serves in the Parliament of the European Union explains, 'it immediately becomes a talk about head-scarf issues and building mosques.' This is in part because Western Europe has long considered itself a 'Christian Club.' The treatment of second-generation Turks in Germany and other European countries offers a window into the obstacles that must be confronted and overcome before Turks gain full equality in Europe. Totaling about four million, persons of Turkish origin make up the largest immigrant group in Europe, and virtually all of …
Lifting The Floor: Sex, Class, And Education, Naomi R. Cahn, June Carbone
Lifting The Floor: Sex, Class, And Education, Naomi R. Cahn, June Carbone
GW Law Faculty Publications & Other Works
This paper was written for a conference on third wave feminism. Third wave feminism recognizes the importance of "raising the floor," and this paper - from two second wave feminists - helps in developing an agenda for achieving that goal. After a brief exploration of two different models that we label "red families" and "blue families," this paper makes two critical points: first, it correlates the different models to the varying approaches to parental leave laws; and second, it expands our discussion of women and care beyond the workplace and child care, exploring what contributes to women's ability to care …
A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross
A Place At The Table: Creating Presence And Voice For Teenagers In Dependency Proceedings, Catherine J. Ross
GW Law Faculty Publications & Other Works
This comment argues that lawyers for youth in foster care too often fail to include their clients in judicial hearings and that foster youth are entitled to appear at hearings where critical decisions affecting their lives will be made. The article reviews studies showing that foster children complain that they have little or no opportunity to be heard, and discusses the interplay between foster care and problems at school.
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This article argues that the Supreme Court’s majority opinion in Davis v. Monroe County Board of Education did not do enough to explicitly assuage the dissenters’ concerns and aims to do so itself. Davis permitted liability for school districts that purposely ignore instances of student-on-student sexual harassment that deprived a student of the opportunity for education. The three issues raised by the dissent were federalism, whether the conduct at issue is sexual harassment, and First Amendment concerns about the aggressor’s speech being protected. In response, I argue that the majority opinion does not violate federalism principles, the harassment qualifies as …
Davis V. Monroe County Board Of Education: The Unresolved Questions,, Joan E. Schaffner
Davis V. Monroe County Board Of Education: The Unresolved Questions,, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This article focuses on the recent trend of permitting liability of schools when students are sexually harassed, which the Supreme Court has only recognized for twenty years. I examine the majority and dissenting opinions of the Court’s most recent decision about this topic, Davis v. Monroe County Board of Education and analyze three questions brought to light by Davis and Gebser v. Lago Vista Independent School District. These questions are: (1) what qualifies as “actionable” sexual harassment, (2) who must receive notice, and (3) what satisfies the “deliberate indifference” standard from Davis. The answers to these questions are just …
The Silent Resurrection Of Plessy: The Supreme Court’S Acquiescence In The Resegregation Of America’S Schools, Lisa M. Fairfax
The Silent Resurrection Of Plessy: The Supreme Court’S Acquiescence In The Resegregation Of America’S Schools, Lisa M. Fairfax
GW Law Faculty Publications & Other Works
This article argues that the modern Supreme Court is engaging in Plessy-like reasoning to permit segregation. The article argues that the Supreme Court relies on three rationales, all consistent with Plessy, that have resulted in the erosion of school integration: 1) segregation reflects private preferences, 2) we should defer to local governments, and 3) separate schools can result in equal quality of education for all children. The article provides an overview of the case law demonstrating this pro-Plessy bent of the Court and insists that the Court return to the reasoning of Brown to better ensure high quality education for …