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Full-Text Articles in Education Law

Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman Oct 2003

Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman

Vanderbilt Law Review

People outside the medical profession have likely heard of the long hours that doctors keep, but are probably unaware of the low salaries and nonnegotiable contracts that medical school graduates must accept upon entering a residency program. In fact, young doctors are among the few professionals who do not find postgraduate employment in the open job market. Currently, fourth-year medical students seeking postgraduate residency training participate in a process that matches them to a single residency program. This match dictates where the new doctor will spend the next three to seven years of her career. Upon receiving a match, the …


Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan Mar 2001

Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan

Brigham Young University Education and Law Journal

No abstract provided.


Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards Jan 2001

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles Jan 2000

Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles

Articles, Chapters in Books and Other Contributions to Scholarly Works

During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Jan 2000

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …


Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater Jan 2000

Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater

Seattle University Law Review

In 1928 a Seattle labor union appealed an adverse lower court ruling to the Washington State Supreme Court. The Seattle Post-Intelligencer claimed that the matter presented "probably the biggest labor question ever faced in this state."' This case did not involve the Industrial Workers of the World, loggers, or other traditional subjects of labor history. It involved high school teachers in the Seattle public schools. This paper will discuss this case, Seattle High School Teachers Chap. No. 200 of the American Federation of Teachers v. Sharples, and the circumstances surrounding it. Specifically, this paper will describe the formation of …


Class War: Ontario Teachers And The Courts, Harry J. Glasbeek Oct 1999

Class War: Ontario Teachers And The Courts, Harry J. Glasbeek

Osgoode Hall Law Journal

In 1997, the government of Ontario met with unexpected opposition to its changes to the education system with the introduction of Bill 160, the Education Quality Improvement Act, culminating in a province-wide strike by teachers. In reaction, the government sought to divert the conflict into the courts. Although the teachers were initially successful in court, the strike was not, and many of the strikers' objectives were not met. The author argues that the law of injunctions and collective bargaining shifted and narrowed the scope of the conflict, and reduced the political power of the teachers. The litigation surrounding Bill 160 …


Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley Oct 1998

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.


"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes Jan 1998

"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes

Michigan Journal of Race and Law

In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …


Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt Jan 1997

Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.


Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh Jan 1997

Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney Jan 1997

Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney

Touro Law Review

No abstract provided.


Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner Jan 1996

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.


School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland Jan 1995

School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland

UIC Law Review

No abstract provided.


Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii Aug 1994

Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii

Cardozo Law Review

Thank you very much. I bring you greetings from all those lawyers you taught. It is my distinct pleasure to represent the American Bar Association ("ABA") at your Association's most important annual meeting, and more than a little humbling considering the tremendous influence the people in this room have over every aspect of our American way of life.


A Review Of The Law And Teacher Employment, Douglas F. Bates Mar 1993

A Review Of The Law And Teacher Employment, Douglas F. Bates

Brigham Young University Education and Law Journal

No abstract provided.


Good Cause And Just Expectations: Academic Tenure In Oklahoma's Public Colleges And Universities, Harry F. Tepker Jan 1993

Good Cause And Just Expectations: Academic Tenure In Oklahoma's Public Colleges And Universities, Harry F. Tepker

Faculty Articles

No abstract provided.


Deconstruction And Cultural Criticism, J. Hillis Miller Dec 1991

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.


A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, 24 J. Marshall L. Rev. 119 (1990), Sherri L. Burr Jan 1990

A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, 24 J. Marshall L. Rev. 119 (1990), Sherri L. Burr

UIC Law Review

No abstract provided.


Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen Oct 1989

Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen

Indiana Law Journal

No abstract provided.


Dedication To Karl Krastin, Lester Brickman Oct 1989

Dedication To Karl Krastin, Lester Brickman

Articles

The article pays tribute to Karl Krastin, highlighting his significant influence on the author's academic and professional journey. Krastin, a proponent of the "Law, Science, and Policy" approach, played a pivotal role in mentoring the author and other scholars, guiding them towards Yale's graduate program and into law teaching. His leadership as dean at Toledo College of Law fostered institutional growth and intellectual development, despite challenges arising from his democratic management style.


Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick Jan 1989

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.


Wygant V. Jackson Board Of Education, Lewis F. Powell Jr. Oct 1985

Wygant V. Jackson Board Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Implementing The Illinois Educational Labor Relations Act, Martin H. Malin Feb 1985

Implementing The Illinois Educational Labor Relations Act, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Teacher Incompetency Dismissals In Illinois: The Need For Defined Standards, 17 J. Marshall L. Rev. 849 (1984), James A. Roth Jan 1984

Teacher Incompetency Dismissals In Illinois: The Need For Defined Standards, 17 J. Marshall L. Rev. 849 (1984), James A. Roth

UIC Law Review

No abstract provided.


Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel Jan 1984

Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel

Cleveland State Law Review

Faculty tenure has been the subject of continuing concern and controversy in American higher education. Problems in this area, including the lack of definitive standards for evaluating tenure candidates, have been highlighted by the recent downturn in the economy and the resultant decline in both enrollment and employment in colleges and universities. This trend is actively demonstrated by the Fourth Circuit Court of Appeals decision in Mayberry v. Dees. This Article advocates and proposes a more exacting judicial review of faculty tenure cases that are based on collegiality or other such personality criteria. Initially, the operational context of faculty tenure …


Grove City College V. Bell, Lewis F. Powell Jr. Oct 1983

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin Feb 1983

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr. Oct 1982

Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury Apr 1982

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …