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Full-Text Articles in Law

A Problem With The Federal Education Records Privacy Act- Educational Privacy Can Be Taken Too Far; Degrees Can Be Used To Persecute Persons And Violate The Rights Of Persons Using The Degrees And The Significance We Attach To Degrees., James T. Struck Nov 2009

A Problem With The Federal Education Records Privacy Act- Educational Privacy Can Be Taken Too Far; Degrees Can Be Used To Persecute Persons And Violate The Rights Of Persons Using The Degrees And The Significance We Attach To Degrees., James T. Struck

James T Struck

A Problem with the Federal Education Records Privacy Act is that Educational privacy can be taken too far; degrees can be used to persecute persons and violate the rights of persons using the degrees and the significance we attach to degrees. Persons cannot confirm obtainment of a degree without subpeonas even when rights are being violated.


Cases And Materials On Privatization, Alexander Volokh Sep 2009

Cases And Materials On Privatization, Alexander Volokh

Alexander Volokh

These are the materials for my course on privatization, and the draft for an eventual casebook.


Lost In The Numbers: The Underrepresentation Of Asian American Groups And The Case For Disaggregating “Asian” Data, William W. Yu Sep 2009

Lost In The Numbers: The Underrepresentation Of Asian American Groups And The Case For Disaggregating “Asian” Data, William W. Yu

William W Yu

While certain Asian ethnicities outperform Whites and other groups with respect to socioeconomic achievement, other Asian groups fail to reach the same levels of success. Despite this, the aggregate treatment of Asian Americans continues in affirmative action debates, especially in the educational context. As a result, the unique needs and issues of groups such as Southeast Asians are often ignored. The aggregate treatment is also used to justify the exclusion of Asian Americans from affirmative action policies because of a belief that Asian Americans as a whole are already adequately represented in schools, and thus no longer need affirmative action. …


Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee Apr 2009

Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee

Kendra H Fershee

This Article describes the unequal treatment of pregnant students historically in American public school historically and how the regulations implementing Title IX are too weak to ensure that the historical discrimination cease, despite the prohibitions on discriminatory practices. This Article explains the historical reasons for the discrimination, Congress’s attempt to remedy the discrimination through Title IX and its implementing regulations, and the failure of the regulations to meet the regulatory goals of school access, choice, and quality. The Article continues to make concrete suggestions, with specific language recommendations, for changes in the current Title IX regulations with respect to pregnancy. …


Untapped Inventive Potential In U.S. Communities, Michael Meehan Mar 2009

Untapped Inventive Potential In U.S. Communities, Michael Meehan

Michael Meehan PhD

This paper combines the 2000 U.S. Census data and the National Bureau of Economic Research’s (NBER) Patent Citation Data File in order to analyze how certain community-level population and community factors correlate with overall patenting and relative rates of assigned and unassigned patenting. Among the interesting findings discussed are that, in addition to the fact that overall patenting increased with higher populations of employed people, higher populations of people with either terminal undergraduate or master’s degrees, and higher median income, the overall rates of patenting decreased, and did not merely remain the level, as the other sectors of a communities’ …


Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva Jan 2009

Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva

John D. Castiglione

State courts of last resort are, in many ways, the primary expositors of law in the United States. Criminal law, contracts, family law, wills, trusts, and estates -- just to name a few -- fall within their purview. And yet, we know surprisingly little about just who sits on these courts -- state supreme court judges have been described as “perhaps the most important and least written about group within the judicial system” of the United States. Indeed, the last study on the characteristics and experiences of the state supreme court justices is almost fifteen years old. This Article presents …


Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister Jan 2009

Thinking Like A Research Expert: Schemata For Teaching Complex Problem-Solving Skills, Paul D. Callister

Paul D. Callister

The difference between expert and novice problem-solvers is that experts have organized their thinking into schemata or mental constructs to both see and solve problems. This article demonstrates why schemata are important, arguing that schemata need to be made explicit in the classroom. It illustrates the use of schemata to understand and categorize complex research problems, map the terrain of legal research resources, match appropriate resources to types of problems, and work through the legal research process. The article concludes by calling upon librarians and research instructors to produce additional schemata and develop a common hierarchical taxonomy of skills, a …