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Full-Text Articles in Law

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 …


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.


Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal Apr 2012

Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal

Pepperdine Dispute Resolution Law Journal

As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme …


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 education …


Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden Jan 2012

Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden

NYLS Law Review

No abstract provided.


Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero Jan 2012

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.