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Articles 301 - 325 of 325

Full-Text Articles in Education Law

Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody Apr 2006

Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody

Working Paper Series

This Article will establish that an unrecognized norm, the “norm of sincerity,” is an implicit factor in the standing analysis in a certain class of equal protection cases. That class of cases includes equal protection claims where 1) courts have applied the “able and ready to compete” test to determine a plaintiff’s injury in fact, and where 2) the plaintiff has complained about discriminatory access to limited government resources. In those cases, a plaintiff cannot demonstrate injury in fact sufficient to meet Article III standing unless she shows that she sincerely intends to use the benefits at stake in the …


The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler Jan 2006

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.


Democracy's Handmaid, Robert L. Tsai Jan 2006

Democracy's Handmaid, Robert L. Tsai

Faculty Scholarship

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, I draw from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, I present a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson Sep 2005

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

ExpressO

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George Jul 2005

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George

Faculty Scholarship

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …


The Disability Integration Presumption: Thirty Years Later, Ruth Colker Mar 2005

The Disability Integration Presumption: Thirty Years Later, Ruth Colker

The Ohio State University Moritz College of Law Working Paper Series

The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …


Education As A Lynchpin Of Development: Legal And Policy Considerations In The Formation Of The Education For All- Fast Track Initiative Catalytic Trust Fund , Sophie Smyth, Anna Triponel Jan 2005

Education As A Lynchpin Of Development: Legal And Policy Considerations In The Formation Of The Education For All- Fast Track Initiative Catalytic Trust Fund , Sophie Smyth, Anna Triponel

Sustainable Development Law & Policy

No abstract provided.


Protecting Children And Their Mothers: The Millennium Development Goals Push Lofty Heath Targets, Frank Pigott Jan 2005

Protecting Children And Their Mothers: The Millennium Development Goals Push Lofty Heath Targets, Frank Pigott

Sustainable Development Law & Policy

No abstract provided.


Bridging The Gap: How The Millennium Development Goals Are Uniting The Fight Against Global Poverty, Kemal Dervis Jan 2005

Bridging The Gap: How The Millennium Development Goals Are Uniting The Fight Against Global Poverty, Kemal Dervis

Sustainable Development Law & Policy

No abstract provided.


Volume 6 Issue 1, Sustainable Development Law & Policy Jan 2005

Volume 6 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Promoting Gender Equality Through Global Education Targets- The Third Millennium Development Goal, Nisha Thakker Jan 2005

Promoting Gender Equality Through Global Education Targets- The Third Millennium Development Goal, Nisha Thakker

Sustainable Development Law & Policy

No abstract provided.


Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George Jan 2005

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George

Michigan Journal of International Law

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …


Editors' Note, Kelly Rain, Kirk Herbertson Jan 2005

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa Jan 2005

The Millennium Challenge Account: A Critical Look At The Newly Focused Development Approach And Its Potential Impact On The U.S Agency For International Development , Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.


World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner Jan 2005

World News, Blase Kornacki, Abby Okrent, Jennifer Rohleder, Mauro Zinner

Sustainable Development Law & Policy

No abstract provided.


Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski Jan 2005

Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski

Indiana Journal of Global Legal Studies

Globalization and Education Symposium


The Lengthening Shadow Of Androcentrism, Bryan K. Fair Jan 2005

The Lengthening Shadow Of Androcentrism, Bryan K. Fair

Cardozo Journal of Equal Rights & Social Justice

The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.


Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S. Jan 2005

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …


The Shirts Off Their Backs: Should Pro-Gay Expression Be Permitted In Schools?, Jamie Friye Jan 2005

The Shirts Off Their Backs: Should Pro-Gay Expression Be Permitted In Schools?, Jamie Friye

Public Interest Law Reporter

No abstract provided.


Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg Jan 2002

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.


Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff Jan 1999

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …


The Relationship Between Public-Sector Higher Education Level-Four Grievant Variables And Third-Party Discipline And Discharge Arbitration Case Determinations At The West Virginia Education And State Employees Grievance Board Years 1985-1995, E. Jane Barnes Jan 1997

The Relationship Between Public-Sector Higher Education Level-Four Grievant Variables And Third-Party Discipline And Discharge Arbitration Case Determinations At The West Virginia Education And State Employees Grievance Board Years 1985-1995, E. Jane Barnes

Theses, Dissertations and Capstones

This study examined the relationship between grievant variables (case description, case issue, gender, seriousness of the case) and case determination (denied/granted). A disk copy of QA4 database years 1985 to 1995 was provided by the West Virginia Education and State Employees Grievance Board. The approximate 222 higher education synopses reports were read to locate the population. Fifty five higher education discipline and discharge synopsis reports were isolated. Key words used by the Board assisted in isolating the population. The 55 higher education synopses reports were printed out to compare to information on case decisions housed in the West Virginia Secretary …


The Right To Education As An International Human Right, Jost Delbruck Jan 1992

The Right To Education As An International Human Right, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.


Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr. Oct 1980

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.