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Full-Text Articles in Law

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich Jul 2018

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system. This paper examines the rise of the school-to-prison pipeline through ...


Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout Feb 2015

Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout

Lynn A. Stout

No abstract provided.


Transformative Teaching And Educational Fair Use After Georgia State, Brandon C. Butler Jan 2015

Transformative Teaching And Educational Fair Use After Georgia State, Brandon C. Butler

Brandon C. Butler

The Supreme Court has said that copyright’s fair use doctrine is a “First Amendment safety valve” because it ensures that certain crucial cultural activities are not unduly burdened by copyright. While many such activities (criticism, commentary, parody) have benefited from the courts’ increased attention to first amendment values, one such activity, education, has been mired for years in a minimalist, market-based vision of fair use that is largely out of touch with mainstream fair use jurisprudence. The latest installment in the history of educational fair use, the 11th Circuit’s opinion in the Georgia State e-reserves case, may be ...


Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin Jan 2015

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Susan S. Bendlin

ABSTRACT: By Susan S. Bendlin

An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of 18 and 24 are injured every year while under the influence of alcohol. Tales of intoxicated college students’ wild, disgusting, and often violent behavior have made the national news. Litigation over alcohol-related incidents on college campuses arises from various situations, including injuries that result from intoxicated students falling, injuries suffered during parties and hazing rituals involving alcohol, and injuries from other assaults that occur after alcohol has been consumed on campus.

At the outset ...


Learning From Detroit, Michael Lewyn Dec 2013

Learning From Detroit, Michael Lewyn

Michael E Lewyn

Reviews a recent book about Detroit's problems.


Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland Apr 2013

Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland

Ayriel Bland

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 ...


Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch Feb 2013

Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch

Allen W Hubsch

The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.

The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age children. California’s constitution is considerably more specific about education than the federal Constitution. As confirmed by the California Supreme Court in Serrano v. Priest, 5 Cal.3d 584 (1971), California’s constitution establishes a fundamental right to a quality education.

In January 2013, the California Court of Appeal summarily denied the State’s petition to review the Superior Court’s denial of the State’s motion to dismiss. The case is now poised to move forward on the merits, and is certain to make history. No case could be more important for the future of California. The case will likely set a precedent in the field for the rest of the nation.

The accompanying note discusses the merits of and challenges to the plaintiffs’ case. The primary author has written perhaps the most-cited articles on the right to education under state constitutional law. Allen Hubsch is the author of Education and Self-Government: The Right to Education under State Constitutional Law, 18 J.L. & Education (1989); and Emerging Right to Education Under State Constitutional Law, 65 Temple L. Rev. (1992). The accompanying note is certain to draw interest from the litigants, the courts and the public.


When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan Dec 2012

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Erin Ryan

This article presents a case study of adapting the Socratic Method, popularized in American law schools, to teach critical thinking skills underemphasized in Chinese universities and group competency skills underemphasized at U.S. institutions. As we propose it here, Multilevel Socratic teaching integrates various levels of individual, small group, and full class critical inquiry, offering distinct pedagogical benefits in Eastern and Western cultural contexts where they separately fall short. After exploring foundational cultural differences underlying the two educational approaches, the article reviews the goals, methods, successes, and challenges encountered in the development of an adapted “Multilevel Socratic” method, concluding with ...


Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan Jan 2012

Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan

Dr. Lotem Perry-Hazan

The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable ...


The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Lotem Perry-Hazan, Shulamit Almog Jan 2011

The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Lotem Perry-Hazan, Shulamit Almog

Dr. Lotem Perry-Hazan

In this article we explore the linkage between human rights education and the development of rights consciousness - the process that enables people to define their aims, wishes and difficulties in terms of rights. We argue that the factors that develop rights consciousness - human rights knowledge and the implementation of rights - are particularly important for the development of the rights consciousness of children. The Israeli Ultra-Orthodox education for girls offers a unique opportunity to explore our contentions, since it combines wide general education with extreme messages of gender inequality. We demonstrate that their wide general education is not sufficient to empower ...


Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber Jan 2011

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

Diane Webber

As a case study, this paper reviews a resolution passed by the Texas State Board of Education on September 24, 2010. The resolution rejects certain Social Studies texts that contain what the Board determined were pro-Islamic/anti-Christian distortions…The resolution is itself doing what it complains about – it is showing “chronic partiality to one of the world’s great religions and animus against another.”…At a time when “reciprocal negative perceptions between the Western and Muslim worlds continue to escalate”, it is essential to acknowledge the important role of education to promote tolerance… The knowledge gained from religious tolerance education ...


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


We Must Begin To View The World Differently: Only Then Perhaps We Can Change It!, Nicos Trimikliniotis Apr 2010

We Must Begin To View The World Differently: Only Then Perhaps We Can Change It!, Nicos Trimikliniotis

Nicos Trimikliniotis

This is an interview with Ana Esther Ceceña, researcher/professor in geopolitics, National Autonomous University of México, Director of the Geopolitics Latinamerican Observatory, in Lisbon, Portugal. She presented her paper for the Project on Polarisation in the last 500 years led by Immanuel Wallerstein, where she examines ecology, indigenous peoples and movements in March 2010.


The Cypriot Roma And The Failure Of Education:Anti-Discrimination And Multiculturalism As A Post-Accession Challenge, Nicos Trimikliniotis Dec 2008

The Cypriot Roma And The Failure Of Education:Anti-Discrimination And Multiculturalism As A Post-Accession Challenge, Nicos Trimikliniotis

Nicos Trimikliniotis

This covers the period prior to 2008. At its outset, this study explores the general context of the Roma in Cyprus and their identity as Cypriot citizens, their legal classification, cultural identity and population concentration. It then examines the legal framework within which the Roma of Cyprus are educated by describing the provisions regarding access to education, as well as recent legislation transposing the anti-discrimination acquis. According to the Constitution of the Cyprus Republic, the vast majority of Roma are classified as belonging to the ‘Turkish community’ without a minority rights status and as such their access to education in ...


Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott Dec 2007

Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott

George H Baker

No critical infrastructure is self-sufficient. The complexity inherent in the interdependent nature of infrastructure systems complicates planning and preparedness for system failures. Recent wide-scale disruption of infrastructure on the Gulf Coast due to weather, and in the Northeast due to electric power network failures, dramatically illustrate the problems associated with mitigating cascading effects and responding to cascading infrastructure failures once they have occurred.

The major challenge associated with preparedness for cascading failures is that they transcend system, corporate, and political boundaries and necessitate coordination among multiple, disparate experts and authorities. This symposium brought together concerned communities including government and industry ...


Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis Dec 2003

Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus is ...


The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson Jun 2000

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Kenneth Anderson

This 2000 review essay from the Los Angeles Times Book Review examines the perennial debate over teaching reading to children - phonics or whole language.


Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow Dec 1999

Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow

Matthew Parlow

Using the controversial 1987 case between Georgetown University and a gay and lesbian student organization as a backdrop, this article analyzes the free exercise rights of religiously-affiliated colleges and universities and their ability to discriminate against gay and lesbian student groups. The article tracks the jurisprudential development of free exercise challenges and details why current United States Supreme Court precedent provides little protection for such colleges and universities. Given the weakened state of free exercise rights, this article examines what rights and protections, if any, gays and lesbians have under the Fourteenth Amendment's Equal Protection Clause and local and ...