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Education

2012

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Full-Text Articles in Law

Educating For The Gaming Industry: Need, Profile, And Suggested Schema, Leslie E. Cummings Dec 2012

Educating For The Gaming Industry: Need, Profile, And Suggested Schema, Leslie E. Cummings

UNLV Gaming Research & Review Journal

As legalized gambling becomes increasingly widespread and competitive, operators seek employees who understand its unique culture and demands. Today, few baccalaureate programs offer gaming management education. Gaming subject areas for college programs span three content spheres: (a) gaming and games themselves; (b) gaming interfaces with other hospitality subjects (lodging, accounting); and (c) the gaming/hospitality environment (regulation, economics). In a given academic program, gaming content integration can be measured along a continuum, from nonexistent, to somewhat integrated within existing courses, to comprising a central educational focus.


Cheer On Separation Of School, Religious Messages, Alan E. Garfield Dec 2012

Cheer On Separation Of School, Religious Messages, Alan E. Garfield

Alan E Garfield

No abstract provided.


The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen Dec 2012

The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen

All Faculty Scholarship

This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …


Fortitude At Forty, Or Why A Seemingly Content, Overly Ambitious, And Detrimentally Optimistic Forty-Something Year Old Decided To Upend His Life And Go To Law School Dec 2012

Fortitude At Forty, Or Why A Seemingly Content, Overly Ambitious, And Detrimentally Optimistic Forty-Something Year Old Decided To Upend His Life And Go To Law School

Touro Law Review

No abstract provided.


An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck Dec 2012

An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck

Graduate Theses and Dissertations

Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …


Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera Nov 2012

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.


May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba Nov 2012

May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba

Northwestern Journal of Law & Social Policy

This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …


Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan Nov 2012

Bridging The Law School Learning Gap Through Universal Design, Jennifer Jolly-Ryan

Touro Law Review

No abstract provided.


Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill Nov 2012

Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill

Pepperdine Law Review

No abstract provided.


Lee V. Weisman: Unanswered Prayers, Marilyn Perrin Nov 2012

Lee V. Weisman: Unanswered Prayers, Marilyn Perrin

Pepperdine Law Review

No abstract provided.


Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona Nov 2012

Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona

Pepperdine Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2012

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen Nov 2012

The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen

Missouri Law Review

Part II of this Comment will provide a detailed history about the development of charter schools nationally. Part III then answers the question of whether widespread support for charter schools is a wise policy choice. Part IV outlines how Missouri has created a strong charter culture, while Part V discusses how Georgia failed to do so, and the consequences of each of those decisions. The Comment finally concludes by arguing for the continued judicial support and more purposeful legislative support of charter schools.


Unclear Authority, Unclear Futures: Challenges To State Legislation Providing In-State Tuition Benefits To Undocumented Students Pursuing Higher Education, Julia R. Kim Nov 2012

Unclear Authority, Unclear Futures: Challenges To State Legislation Providing In-State Tuition Benefits To Undocumented Students Pursuing Higher Education, Julia R. Kim

Fordham Law Review

Exercising its federal power to regulate immigration, Congress has responded to illegal immigration by enacting deterrent legislation that includes provisions denying public benefits to undocumented immigrants. One of these provisions, 8 U.S.C. § 1623, explicitly bars states from providing postsecondary education benefits to undocumented immigrants on the basis of in-state residency. As a consequence, undocumented young adults—many of whom grew up and received their primary and secondary education in the United States—are effectively barred from pursuing higher education by their ineligibility for in-state tuition rates and financial aid. Some states, however, have evaded the § 1623 bar by providing undocumented …


How To Turn Around Your Classroom, Jalae Ulicki, Arlene Westphal Oct 2012

How To Turn Around Your Classroom, Jalae Ulicki, Arlene Westphal

Jalae Ulicki

This presentation focused on how to:
  • Explore and create effective student response questions for use in class
  • Determine potential uses for data to create a higher level of engagement in the classroom
  • Determine how to use the data to enhance teaching


Reevaluating The Evaluations, Andy Brunner-Brown Oct 2012

Reevaluating The Evaluations, Andy Brunner-Brown

GGU Law Review Blog

No abstract provided.


Affirmative Action In Education Weighed Again, Alan E. Garfield Oct 2012

Affirmative Action In Education Weighed Again, Alan E. Garfield

Alan E Garfield

No abstract provided.


From Grutter To Fisher: Is Justice Sandra Day O’Connor’S Legacy In Danger?, Kristina M. Campbell Oct 2012

From Grutter To Fisher: Is Justice Sandra Day O’Connor’S Legacy In Danger?, Kristina M. Campbell

The University of New Hampshire Law Review

[Excerpt] “This paper explores the impact of Justice O’Connor on the Court’s race and education jurisprudence, both in the context of primary through secondary school education and in public universities. Section II outlines Justice O’Connor’s biography and explores several external influences on the Justice. Section III reviews the Court’s race and education jurisprudence prior to Justice O’Connor’s appointment to the Court. Section IV exposes the Court’s jurisprudence in this area during Justice O’Connor’s time on the Court, with an emphasis on those opinions authored by Justice O’Connor. Section V offers an analysis of the aftermath of Justice O’Connor’s race and …


Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth Oct 2012

Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth

All Institute for Community Inclusion Publications

The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.


See No Evil, Hear No Evil, Speak No Evil; Stemming The Tide Of No Promo Homo Laws In American Schools, Madelyn Rodriguez Sep 2012

See No Evil, Hear No Evil, Speak No Evil; Stemming The Tide Of No Promo Homo Laws In American Schools, Madelyn Rodriguez

Madelyn Rodriguez

In several states, and many more local governments, teachers are being mandated to teach their students that homosexuality is inherently abhorrent and should be shunned. These so called “No Promo Homo” policies vary in scope; from those barring any positive discussion of homosexuality to those which insinuate the association of homosexuality with various social ills. As a result of these policies, teachers are being used as a conduit for misinformation and, more disturbingly, for discrimination and bias. Because teachers naturally have an immense impact on their students, the concepts and values advocated or discouraged by them will have an immeasurable …


Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky Sep 2012

Slides: Impacts Of Energy Deficits In Cooking, Illumination, Water, Sanitation, And Motive Power, Paul S. Chinowsky

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Paul Chinowsky, Director, Mortenson Center in Engineering for Developing Communities; Professor, University of Colorado

25 slides


Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson Sep 2012

Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson

Richard Peterson

This paper addresses the psychological and emotional consequences of the Individuals with Disabilities Education Act (IDEA) for public school teachers in the United States as viewed through the lens of Therapeutic Jurisprudence.

Therapeutic Jurisprudence was founded in the 1990s as an interdisciplinary approach to evaluating how law acts as a therapeutic agent upon those who engage in its context. It calls for the study of such consequences to ascertain whether the law’s anti-therapeutic effects can be lessened, and its therapeutic effects increased, without subordinating due process and other values associated with justice. In the context of Special Education Law, for …


A Right To Sexual Orientation Privacy: Strengthening Protections For Minors Who Are Outed In Schools, Adam J. Kretz Sep 2012

A Right To Sexual Orientation Privacy: Strengthening Protections For Minors Who Are Outed In Schools, Adam J. Kretz

Adam Kretz

This Article examines a unique question in constitutional law and privacy rights – namely, what rights minor students have to control who can and cannot be informed of their sexual orientation. Through an examination of case law and social science data, the Article proposes that students should hold greater power over information regarding their sexual orientation, and hold responsible school officials who “out” students to a family member, parent, or guardian without the student’s consent.


The Indentured Generation: Bankruptcy And Student Loan Debt, Daniel A. Austin Aug 2012

The Indentured Generation: Bankruptcy And Student Loan Debt, Daniel A. Austin

Daniel A. Austin

THE INDENTURED GENERATION:

BANKRUPTCY AND STUDENT LOAN DEBT

By Daniel A. Austin

Associate Professor, Northeastern University School of Law

A generation of Americans has borrowed heavily for their education, and hundreds of thousands of them are deeply in debt. Some 37 million Americans owe a total of approximately $1 trillion dollars in student loans. They constitute an Indentured Generation as many of them will be burdened with student loan debt for much of their lives. With one of the worst job markets in decades, members of the Indentured Generation who are in particularly dire circumstances will turn to bankruptcy for …


Education And Estate Planning, William Josh Ard Aug 2012

Education And Estate Planning, William Josh Ard

Marquette Elder's Advisor

No abstract provided.


Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo Aug 2012

Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo

San Diego Law Review

One of the most enduring educational debates of the past three decades has dealt with the legality and advisability of sex-segregated education. This debate can often look confusing, given a large number of debaters and the diversity of their perspectives and agendas. More than this diversity, however, the debate is confusing because the debate has been structured as a contest between the "innovation" of sex-segregated education and status quo coeducation. Missing from the debate is a comparison between reformed coeducation and a single-sex alternative, a comparison that is markedly more useful in determining what ought to be done about the …


Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern Jul 2012

Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern

Pepperdine Law Review

No abstract provided.


Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding Jul 2012

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.


How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia Jul 2012

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

UF Law Faculty Publications

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …


Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele Jul 2012

Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele

Library Staff Publications

No abstract provided.