Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (48)
- Law and Gender (48)
- Entertainment, Arts, and Sports Law (41)
- Legal Education (40)
- Constitutional Law (38)
-
- Dispute Resolution and Arbitration (34)
- First Amendment (33)
- Comparative and Foreign Law (23)
- Jurisprudence (23)
- Intellectual Property Law (22)
- Science and Technology Law (18)
- International Law (17)
- Law and Society (17)
- Human Rights Law (16)
- Law and Race (16)
- Labor and Employment Law (15)
- Legislation (15)
- Fourteenth Amendment (14)
- Legal Profession (14)
- Courts (12)
- Criminal Law (12)
- Criminal Procedure (11)
- Disability Law (11)
- Health Law and Policy (11)
- Legal History (11)
- Sexuality and the Law (11)
- Communications Law (10)
- Judges (10)
- Keyword
-
- Education Law (50)
- Civil Rights (9)
- First Amendment (9)
- Jurisprudence (9)
- Legal Education (9)
-
- Constitutional Law (6)
- Education (General) (6)
- Religion and the Law (6)
- Students (6)
- Bankruptcy (5)
- Issues in Education (5)
- Judges (5)
- Social Group Issues (5)
- Courts (4)
- Crimes Against the Person (4)
- Discrimination (4)
- Remedies (4)
- Schools (4)
- Bankruptcy Law (3)
- Bullying (3)
- Communications Law (3)
- Comparative and Foreign Law (3)
- Dispute Resolution (3)
- Intellectual Property Law (3)
- International Law (3)
- Legal Profession (3)
- Legislation (3)
- Mental Health Issues (3)
- Parents and Children (3)
- Science and Technology Law (3)
- Publication Year
- Publication
- Publication Type
Articles 181 - 210 of 292
Full-Text Articles in Education Law
Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Massachusetts Parental Notification Statute, enacted in 1996, should be amended to explicitly permit public schools to teach about sexual orientation in the context of promoting tolerance without requiring parental notification. The statute's ambiguity regarding whether such discussions fall under "human sexual education or human sexuality issues" has led to hesitation among schools and legal challenges. The author contends that clarifying the statute would align it with Massachusetts' commitment to diversity and tolerance, as reflected in court rulings like Goodridge v. Department of Public Health.
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Cardozo Journal of Equal Rights & Social Justice
The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Articles
No abstract provided.
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Articles
The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Articles
Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …
Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone
Straddling The Line Of Medical Malpractice: Why There Should Be A Private Cause Of Action Against Physicians Via Emtala, Lawrence Bluestone
Cardozo Law Review
No abstract provided.
First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee
Cardozo Public Law, Policy & Ethics Journal
The Ninth Circuit Court ruled that California Penal Code section 148.6, which criminalized knowingly filing false allegations of misconduct against peace officers, violated the First Amendment. The court determined that the law impermissibly targeted criticism of police officers, constituting a content-based restriction on speech, and thus was unconstitutional.
French Headscarves And The U.S. Constitution: Parents, Children, And Free Exercise Of Religion, Christina A. Baker
French Headscarves And The U.S. Constitution: Parents, Children, And Free Exercise Of Religion, Christina A. Baker
Cardozo Journal of Equal Rights & Social Justice
The note examines the 2004 French law banning conspicuous religious symbols in public schools, highlighting its roots in France's unique secularist tradition (laïcité) and its implications for religious freedom. It contrasts this approach with the U.S., where the First Amendment would likely prevent such a ban, emphasizing the importance of protecting religious liberty to safeguard broader societal freedoms. The analysis underscores the differing legal and cultural frameworks between France and the U.S. in balancing secularism and religious expression.
Using The Courts To Influence The Implementation Of No Child Left Behind, Benjamin Michael Superfine
Using The Courts To Influence The Implementation Of No Child Left Behind, Benjamin Michael Superfine
Cardozo Law Review
No abstract provided.
Poetic Justice, Jim Chen
A Compass For Success: A New Direction For Academic Support Programs, Cynthia Schmidt, Ann L. Iijima
A Compass For Success: A New Direction For Academic Support Programs, Cynthia Schmidt, Ann L. Iijima
Cardozo Public Law, Policy & Ethics Journal
The article examines the effectiveness of Academic Support Programs (ASPs) in law schools, focusing on the mandatory Compass program at William Mitchell College of Law. It argues that ASPs are most effective when they are structured, skills-focused, and mandatory for at-risk students, rather than targeting specific groups like minority students. The analysis highlights the importance of addressing academic support needs early to improve student performance and satisfaction while avoiding stigma and constitutional concerns. The study demonstrates significant GPA improvements for participants and emphasizes the need for race-neutral, inclusive program designs.
Transcript Of Penny Beerntsen's Speech, Penny Beerntsen
Transcript Of Penny Beerntsen's Speech, Penny Beerntsen
Cardozo Public Law, Policy & Ethics Journal
The transcript recounts Penny Beernsten's harrowing experience of being assaulted and mistakenly identifying Steven Avery as her assailant, leading to his wrongful conviction and imprisonment for 18 years. The speech underscores the fallibility of eyewitness testimony and the devastating consequences of such errors in the criminal justice system. It highlights the importance of reforming eyewitness identification procedures and the role of DNA evidence in exonerating the wrongly convicted.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Cardozo Journal of International and Comparative Law
This Article analyzes the role of U.S. law schools in educating foreign law graduates and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This Article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at thirty five U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the Article considers the responses of U.S. law schools to new competition …
Intellectual Property And The Development Divide, Margaret Chon
Intellectual Property And The Development Divide, Margaret Chon
Cardozo Law Review
No abstract provided.
Leaving Homeroom In Handcuffs: Why An Over-Reliance On Law Enforcement To Ensure School Safety Is Detrimental To Children, Jennie Rabinowitz
Leaving Homeroom In Handcuffs: Why An Over-Reliance On Law Enforcement To Ensure School Safety Is Detrimental To Children, Jennie Rabinowitz
Cardozo Public Law, Policy & Ethics Journal
The note critiques the increasing reliance on law enforcement and criminal justice systems to address school safety, arguing that such measures are often costly, ineffective, and disproportionately impact minority students. It advocates for alternative strategies, such as early intervention, education, and student empowerment, to prevent violence and create safer school environments. These approaches, the note suggests, not only reduce reliance on punitive measures but also address underlying issues and foster positive student outcomes.
Acknowledgments, Antoine Garapon, Michel Rosenfeld
Acknowledgments, Antoine Garapon, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson
The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson
Cardozo Law Review
This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Improving Educational Outcomes For Children In Foster Care: Reading The Mckinney-Vento Act's "Awaiting Foster Care Placement" Provision To Include Children In Interim Foster Care Placements, Sarah Hudson-Plush
Cardozo Journal of Equal Rights & Social Justice
The note argues that the term "awaiting foster care placement" under the McKinney-Vento Homeless Assistance Act should be defined to include children in interim foster care placements to ensure educational stability and access to necessary protections.
Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal
Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal
Cardozo Journal of Equal Rights & Social Justice
The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.
Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin
Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson
Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson
Cardozo Public Law, Policy & Ethics Journal
The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.
Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton
Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton
Articles
No abstract provided.
Policy Formulation At The Nlrb: A Viable Alternative To Notice And Comment Rulemaking, Claire Tuck
Policy Formulation At The Nlrb: A Viable Alternative To Notice And Comment Rulemaking, Claire Tuck
Cardozo Law Review
No abstract provided.
Common Ground: Law Schools In American Life During The New Age Of Faith, David Rudenstine
Common Ground: Law Schools In American Life During The New Age Of Faith, David Rudenstine
Articles
The article argues that law schools and the legal profession play a crucial, though underappreciated, role in maintaining the rule of law, democratic processes, and individual freedoms in American society. It explores the intersection of religion and legal education, particularly how religious faith that mandates specific public laws may conflict with the evidentiary and deliberative underpinnings of legal education. The article concludes that legal education fosters a common ground for deliberation, aligning with the principles of the First Amendment, and highlights the importance of this role in a pluralistic society.
Plessy, Brown, And Grutter: A Play In Three Acts, Jack M. Balkin
Plessy, Brown, And Grutter: A Play In Three Acts, Jack M. Balkin
Cardozo Law Review
No abstract provided.
Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen
Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen
Cardozo Law Review
No abstract provided.
The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach
The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach
Cardozo Journal of Conflict Resolution
Several decades ago, mediation developed as an alternative to the use of courts for resolving disputes. Over the years, the use of mediation to resolve lawsuits has greatly increased. The reasons for this evolution are numerous, and the primary underlying impetus for the use of mediation has, in many cases, impacted just how the process is conducted. For example, some view mediation as a process which provides individuals or groups engaged in a dispute or conflict with a collaborative and flexible process for dispute resolution. This view of the process also encourages party participation and empowerment, which often allows relationships …
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
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.