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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.


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.


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.


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.


Taxation, Craig D. Bell Nov 2012

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


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 …


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 …


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.


Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle Jun 2012

Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle

Missouri Law Review

This Article will offer a brief critique of current bullying legislation and suggest changes to the legislation designed to achieve the good intentions that usually motivate such legislative efforts. It will also briefly address some of the less well-meaning legislative efforts and suggest that legislators duped by their uncharitable colleagues into passing counter-productive bullying legislation take the necessary steps to reverse the damage. Because of the brevity of this Article, I will focus primarily upon weaknesses that legislatures should address and will not discuss the strengths that can be found in a few legislative efforts to deal with bullying in …


Regulating Student Cyberspeech, Barry P. Mcdonald Jun 2012

Regulating Student Cyberspeech, Barry P. Mcdonald

Missouri Law Review

Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …


Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel Jun 2012

Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel

Missouri Law Review

In a recent Missouri case, Homa v. Carthage R-IX School District, the Court of Appeals for the Southern District upheld the Carthage School District's decision to terminate one of its program directors for engaging in "immoral conduct."6 The Carthage school board terminated Lynda Homa, a teacher, and the director of its Parents-as-Teachers program, after it found that Homa authorized a parent-educator to visit an incarcerated program participant to convince the participant to put her child up for adoption.7 Interestingly, the court did not base its determination solely on the inappropriate adoption discussion. In its opinion, the court put Freater emphasis …


How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia Jun 2012

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

Missouri Law Review

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 …


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears May 2012

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

University of Richmond 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 …


Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss Apr 2012

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Missouri Law Review

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. Part II begins by analyzing federal law applicable to students bringing service and assistance animals to campus. Part III explores the use of animal-assisted activities on campus. Part IV continues with an examination of policies allowing students to have companion animals in campus housing. Part V considers concerns administrators raise about allowing animals on campus. Finally, Part VI sets forth the steps an educational institution should implement to ensure compliance with the law and proposes actions that can be taken …


Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps Apr 2012

Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps

West Virginia Law Review

No abstract provided.


Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley Feb 2012

Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley

Pepperdine Law Review

No abstract provided.


Education Hb 186, Georgia State University Law Review Feb 2012

Education Hb 186, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Recovering Subsidiarity In Family Life Education, Karen Jordan Feb 2012

Recovering Subsidiarity In Family Life Education, Karen Jordan

William & Mary Journal of Race, Gender, and Social Justice

This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …


Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black Jan 2012

Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black

Georgia Law Review

During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …


Law Schools And The Changing Face Of Practice, Peter Toll Hoffman Jan 2012

Law Schools And The Changing Face Of Practice, Peter Toll Hoffman

NYLS Law Review

No abstract provided.


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.