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Articles 211 - 233 of 233
Full-Text Articles in Education Law
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Voice, Not Choice, James S. Liebman
Voice, Not Choice, James S. Liebman
Faculty Scholarship
In John Chubb and Terry Moe's book, choice is hot; voice is not. As influential as their book has become in current policy debates, however, its data and reasoning may support policies the reverse of those that the authors and their "New Paradigm" disciples propose. In this review, voice is hot; choice is not.
Academic Freedom: A Bibliography, Janet Sinder
Academic Freedom: A Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
"Portrait Of A Lady": The Woman Lawyer In The 1980s, Stacy Caplow, Shira A. Scheindlin
"Portrait Of A Lady": The Woman Lawyer In The 1980s, Stacy Caplow, Shira A. Scheindlin
Faculty Scholarship
No abstract provided.
Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman
Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman
Faculty Scholarship
Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …
Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin
Reconsidering Role Assumption In Clinical Education, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Foreword, Kimberlé W. Crenshaw
Foreword, Kimberlé W. Crenshaw
Faculty Scholarship
In 1987, I was honored to write the Foreword for a special issue on the National Black Law Journal. The special issue featured papers on race, racism and democracy written by students in a UCLA seminar that I had tailored to facilitate the production of publishable work by students. The state of legal education for African American students at the time was far from idyllic. Indeed, the Foreword was inspired by a host of events that I had witnessed both as a student and as a colleague that underscored the varied and subtle ways that race continued to marginalize students …
Toward A Race-Conscious Pedagogy In Legal Education, Kimberlé W. Crenshaw
Toward A Race-Conscious Pedagogy In Legal Education, Kimberlé W. Crenshaw
Faculty Scholarship
It is both an honor and a pleasure to write the Foreword for this issue of the National Black Law Journal. This project represents the culmination of a joint effort involving the NBLJ, Dean Susan Westerberg Prager and me. The project grew out of discussions that began in the Spring of 1987 in which we explored various ways that the law school could support the production of publishable student material for the Journal. I initially considered sponsoring interested students in independent research projects; however, a high level of student interest, an obvious overlap between proposed student topics, and my …
Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider
Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas
Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas
Faculty Scholarship
Less than two decades ago it was thought sufficient to say, "When a practitioner is in doubt on an ethical question, the best answer is usually No." A more recent commentator has suggested, however, that "[s]uch platitudes have become increasingly inadequate to guide the attorney facing conflicts of interests in the private practice of law." Because of the general vagueness of the American Bar Association's Model Code of Professional Responsibility, and of state codes based on it, courts have begun to fashion a vast "common law" of conflicts of interest A particularly controversial entry to this body of common law …
The Metamorphosis Of Legal Education Symposium On Legal Education, Peter L. Strauss
The Metamorphosis Of Legal Education Symposium On Legal Education, Peter L. Strauss
Faculty Scholarship
Professor Brook's remarks this morning provide a context for my own. I mean to say a word or two for the classical era. One of the characteristics of legal education over the past half century or so, one that we ought not give up, has been its passion for order in a chaotic world. Striking as it is to say that "a passion for order ill suits a chaotic world," the world has ever been chaotic – and that passion, our principal defense. The question is, with what principles of order do we exercise that passion, to subdue unruly fact. …
Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp
Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp
Faculty Scholarship
No abstract provided.
A Paradigm Of First Amendment Dilemmas: Resolving Public School Library Censorship Disputes, Leora Harpaz
A Paradigm Of First Amendment Dilemmas: Resolving Public School Library Censorship Disputes, Leora Harpaz
Faculty Scholarship
In recent years courts have begun to ponder the first amendment issue of public school library book censorship. These fledgling judicial efforts have produced a mostly inadequate analysis of the complex legal picture presented by school library book censorship. Courts that desire to intervene in censorship disputes almost unthinkingly have relied on first amendment doctrines developed outside of the censorship area and assumed their easy application to this new problem. Courts that take a hands-off attitude toward the area rely heavily on the appropriateness of judicial intervention as their central theme. Nowhere to be found in these judicial responses is …
The Dismantling Of Higher Education Part 1, William K.S. Wang
The Dismantling Of Higher Education Part 1, William K.S. Wang
Faculty Scholarship
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
Constitutional Limits On Aid To Sectarian Universities, Kent Greenawalt
Constitutional Limits On Aid To Sectarian Universities, Kent Greenawalt
Faculty Scholarship
Because private colleges and universities have more and more difficulty keeping their heads above water financially, the possibility of government support increasingly is becoming a question of survival. Almost certainly the level of public support for private academic institutions will rise in the future, and any doubts about eligibility for this support are of vital concern for affected universities. The major issue regarding eligibility has been the status of sectarian universities. Given the stringent constitutional limits on government aid to religion, can universities that are connected to churches or are otherwise sectarian receive public assistance?
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Faculty Scholarship
Racial preferences for blacks generate ambivalence in those who care about racial equality and also believe that individuals should be judged "on their own merits." This ambivalence is reflected in divergent "equal protection" values, the value of eliminating barriers to equality imposed on minority groups and that of distributing the burdens and benefits of social life without reference to arbitrary distinctions. It is hardly surprising, therefore, that after Marco DeFunis, Jr. challenged the constitutionality of racial preferences for admission to a state law school, the Supreme Court's resolution of the issue was awaited with intense interest and some trepidation. For …
Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas
Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas
Faculty Scholarship
The goal of legal education in a nutshell is to get the student to "think like a lawyer." The goal of medicolegal courses in medical schools, on the other hand, has often seemed to be to get the medical student to think bad things about lawyers. While the total solution to the legendary distrust between these two professions may not be an understanding of methodology, this article will suggest that one way to increase cooperation between the professions is to teach law in medical schools in a way that emphasizes methods of approaching problems and which seeks to dispel the …
The Unbundling Of Higher Education, William K.S. Wang
The Unbundling Of Higher Education, William K.S. Wang
Faculty Scholarship
No abstract provided.
2-1-1: The 4th Revolution In Legal Education, Michael I. Sovern
2-1-1: The 4th Revolution In Legal Education, Michael I. Sovern
Faculty Scholarship
If we were to count the great changes in legal education from Charles Evans Hughes' day to this, we would find ourselves with a short list. The shift from apprenticeship to school was already well begun by the time Mr. Hughes was graduated from the Columbia School of Law in 1884. The case method was a new idea, but it would become the orthodox methodology in a startlingly short time. By the turn of the century, a number of law schools had moved from two- to three-year programs, but two years was still enough for admission to the bar in …
Changing Directions At Columbia, Michael I. Sovern
Changing Directions At Columbia, Michael I. Sovern
Faculty Scholarship
Each period in history handles reform in its own way. In the earlier days we placed a heavy emphasis on legal realism. We stressed the need to adapt the learning of other disciplines to legal education and to bring the learning of other disciplines into the law school instructional program. As you know, that is an incomplete revolution. It remains a part of our present concern, but our focus today is different.
Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle
Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle
Faculty Scholarship
The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Faculty Scholarship
In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.