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Articles 241 - 270 of 292
Full-Text Articles in Education Law
Free? Exercise, Marci A. Hamilton
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
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.
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
Comment: Religion And The State, Cheryl Saunders
Comment: Religion And The State, Cheryl Saunders
Cardozo Law Review
No abstract provided.
Comment: Separation And Schools, Kent Greenawalt
Comment: Separation And Schools, Kent Greenawalt
Cardozo Law Review
No abstract provided.
Panel Two Commentary, Marci A. Hamilton
Reclaiming Our Public Schools: A Proposal For School-Wide Drug Testing, Joanna Raby
Reclaiming Our Public Schools: A Proposal For School-Wide Drug Testing, Joanna Raby
Cardozo Law Review
No abstract provided.
The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg
The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg
Cardozo Law Review
No abstract provided.
Modes Of Law: Music And Legal Theory - An Interdisciplinary Workshop Introduction, Desmond Manderson, David Caudill
Modes Of Law: Music And Legal Theory - An Interdisciplinary Workshop Introduction, Desmond Manderson, David Caudill
Cardozo Law Review
No abstract provided.
The Score As Contract: Private Law And The Historically Informed Performance Movement, Timothy S. Hall
The Score As Contract: Private Law And The Historically Informed Performance Movement, Timothy S. Hall
Cardozo Law Review
No abstract provided.
Power, The Establishment Clause, And Vouchers, Marci A. Hamilton
Power, The Establishment Clause, And Vouchers, Marci A. Hamilton
Articles
No abstract provided.
Who Authors Trademarks?, Steven Wilf
Who Authors Trademarks?, Steven Wilf
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Scholarly Restraints? Aba Accreditation And Legal Education, George B. Shepherd, William G. Shepherd
Scholarly Restraints? Aba Accreditation And Legal Education, George B. Shepherd, William G. Shepherd
Cardozo Law Review
This Article provides an economic and legal analysis of the American Bar Association's system for accrediting law schools. For decades, the ABA has administered the system as, in economic effect, a cartel of law school faculty members. The ABA has exerted monopoly power not only over the market for legal training, but also over three related markets: the market for the hiring of law faculty, the market for legal services, and each university's internal market for funding. Despite the selfless service of many in the system, the system has created large harms, but few benefits. Existing law faculty have gained …
The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence
The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence
Cardozo Law Review
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
Articles
No abstract provided.
Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta
Cardozo Journal of Equal Rights & Social Justice
The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.
The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath
The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath
Cardozo Journal of Equal Rights & Social Justice
The note argues that single-sex education is a beneficial and constitutional alternative to traditional coeducational programs, using the Young Women's Leadership School as a prime example. It contends that such schools address past discrimination and provide tailored educational environments that enhance academic performance and self-esteem, particularly for underprivileged girls. The analysis emphasizes that single-sex education can meet legal standards under Title IX and Equal Protection scrutiny, as demonstrated by the Leadership School's compliance with regulatory requirements and its focus on remedying historical inequities.
Introduction, L. Priscilla Hall
Preface, Norman L. Greene
Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Samuel J. Schiller
Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Samuel J. Schiller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Fugitives And Agrarians In A World Without Frontiers, Jim Chen
Fugitives And Agrarians In A World Without Frontiers, Jim Chen
Cardozo Law Review
Rien de grand avant l'tat. Let the French have their Colbertisme; Americans hold steadfast their faith in constitutionalism, the unofficial civic religion of the United States. Implicit in originalism, the most rigidly orthodox variant of America's constitutional faith is the belief that the legal world began with the framing of the Constitution. "All things created before me were not eternal": with the Constitution as creation, the American legal imagination need not embrace anything that occurred before 1787.
Rhetoric And Reality In Copyright Law, Stewart E. Sterk
Rhetoric And Reality In Copyright Law, Stewart E. Sterk
Articles
The article challenges traditional justifications for copyright law, particularly the notions of desert and corrective justice, arguing that these frameworks fail to provide a robust foundation for intellectual property rights. Instead, it posits that the justification for copyright protection must primarily lie in the incentive to promote creative activity. The analysis critiques the application of Lockean labor theory and restitutionary models, emphasizing that distributive justice, which focuses on the moral worth and social contributions of creators, offers a more coherent basis for copyright law.
Child Care: The Forgotten Tax Deduction, Efrem Z. Fischer
Child Care: The Forgotten Tax Deduction, Efrem Z. Fischer
Cardozo Journal of Equal Rights & Social Justice
This Note argues that the current deductions for child care expenses under the Internal Revenue Code are insufficient and inequitable, particularly for secondary earners, usually women. It proposes replacing the existing system with a higher deduction mechanism, such as a $10,000 limit per child, indexed for inflation, with a phaseout for higher incomes. The current system fails to account for the true costs of child care, exacerbates the marriage penalty, and discourages labor force participation among secondary earners. The proposed reform aims to address these issues by providing a more substantial and equitable tax benefit.
Painting The Law, Nancy Illman Meyers
Painting The Law, Nancy Illman Meyers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman
Cardozo Journal of Equal Rights & Social Justice
The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.
Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii
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.
On The Threshold Of Ethics, Adam Thurschwell
On The Threshold Of Ethics, Adam Thurschwell
Cardozo Law Review
Can the judiciary exercise its authority to interpret the law without committing itself to particular, substantive views of the Good? If not, can law maintain its legitimacy in a democratic society when this legitimacy rests on the state's democratic claim to neutrality vis-i-vis the competing moral visions of its citizens? The fear addressed by these questions-the familiar "counter-majoritarian difficulty"-is that unelected judges will irresponsibly impose their individual moral preferences on an unwilling citizenry. The traditional answer is that interpretation requires no recourse to moral or ethical judgment, because case outcomes may be rationally determined from precedent and other authoritative legal …
Remember The Sabbath? The New York Blue Laws And The Future Of The Establishment Clause, Marc A. Stadtmauer
Remember The Sabbath? The New York Blue Laws And The Future Of The Establishment Clause, Marc A. Stadtmauer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Faith In Reason: The Process Tradition In American Jurisprudence, Neil Duxbury
Faith In Reason: The Process Tradition In American Jurisprudence, Neil Duxbury
Cardozo Law Review
Even the most cursory survey of the history of jurisprudence reveals a remarkable tendency on the part of legal philosophers to develop concepts, for want of a better word, which are purportedly foundational to the existence of a legal system. Positivists and natural lawyers alike have long been committed to the search for that special concept which stands as the fons et origo of law. Legal philosophers typically frame this search in terms of a quest to discover something singular; and when they do try to conceive of a legal system as founded on a plurality of concepts, their assertions, …