Introduction To Clinical Teaching For The New Clinical Law Professor: A View From The First Floor,
2015
The University of Akron
Introduction To Clinical Teaching For The New Clinical Law Professor: A View From The First Floor, William P. Quigley
Akron Law Review
New clinical teachers, full of enthusiasm and energy, arrive at the law school having just crossed over into the new vocation of professor from their previous work as practicing lawyers. As many as ten eager, dedicated, inexperienced law students will shortly be representing several clients each, under the close supervision of the new clinical faculty member. There is a new office, new coworkers, new cases, new students, but most new of all, a new way of operating. No longer the lone advocate, now the advocate has-become a clinical teacher, working with law students. Dedicated to education and service, the clinic …
Harassing Speech In The Public Schools: The Validity Of Schools' Regulation Of Fighting Words And The Consequences If They Do Not,
2015
The University of Akron
Harassing Speech In The Public Schools: The Validity Of Schools' Regulation Of Fighting Words And The Consequences If They Do Not, Adam A. Milani
Akron Law Review
What can - and should - schools do about the harassment which their students are suffering? While the issues of hateful and harassing speech and political correctness on college campuses have received a great deal of attention in both the mass media and legal journals, the very real problem of student-to-student harassment in grammar and high schools has only recently been given attention in either forum. More specifically, there has been little attention paid to the questions of whether (1) the First Amendment permits grammar and high schools to control harassing speech by students, (2) schools violate civil rights statutes …
Cleveland And Milwaukee's Free Market Solution For The "Pedantic Heap(S) Of Sophistry And Nonsense" That Plague Public Education: Mistakes On Two Lakes?,
2015
The University of Akron
Cleveland And Milwaukee's Free Market Solution For The "Pedantic Heap(S) Of Sophistry And Nonsense" That Plague Public Education: Mistakes On Two Lakes?, Douglas S. Edwards
Akron Law Review
This Comment summarizes the existing comprehensive analysis of federal and state constitutional challenges to voucher programs. It examines how the groundbreaking Cleveland and Milwaukee plans addressed these critical issues, and makes suggestions for legislators wishing to implement similar plans in their states. The suggestions are intended to: 1) facilitate the passage of such measures; 2) mitigate the most divisive arguments of voucher opponents; 3) allay the fears of the legislators and their constituents; and 4) fortify such plans against probable legal challenges.
Utilizing School Voucher Programs To Remedy School Financing Problems,
2015
The University of Akron
Utilizing School Voucher Programs To Remedy School Financing Problems, Dominick Cirelli
Akron Law Review
This comment will focus on the existing problems in school financing, and the judicial treatment of these problems. Additionally, this comment will address whether school voucher programs are a viable option in addressing school financing inequities,"' with a particular focus on the existing voucher programs in Cleveland and Milwaukee." Finally, this comment will evaluate whether a voucher program would survive equal protection scrutiny.
Taxation Of Prepaid Tuition Plans And The 1997 Tax Provisions - Middle Class Panacea Or Placebo? Continuing Problems And Variations On A Theme,
2015
The University of Akron
Taxation Of Prepaid Tuition Plans And The 1997 Tax Provisions - Middle Class Panacea Or Placebo? Continuing Problems And Variations On A Theme, Eric A. Lustig
Akron Law Review
This article addresses the continuing tax issues and policies attendant to one form of financing the costs of higher education -- prepaid tuition plans. These plans generally allow one to purchase tuition in advance for future use. One attraction of such a plan is that the purchaser can lock in tuition at present rates, thus protecting against inflation and other tuition hikes. Moreover, favorable tax treatment exists as the build up of benefits is generally tax-free to the purchaser, which provides a significant advantage over other savings programs. Although prepaid tuition plans have been in existence for a number of …
A Current Perspective: The Erosion Of Affirmative Action In University Admissions,
2015
The University of Akron
A Current Perspective: The Erosion Of Affirmative Action In University Admissions, Corinne E. Anderson
Akron Law Review
This comment examines the recent trend towards anti-affirmative action in the context of university admissions policies. First, the comment will trace some of the formative history of affirmative action, including the Bakke decision. It will then review and analyze specific judicial and legislative events which suggest a trend towards anti-affirmative action. Finally, the comment will explore the different rationales for affirmative action and suggest some alternatives to racial preferences in admissions policies.
Preventing Violence In Ohio's Schools,
2015
The University of Akron
Preventing Violence In Ohio's Schools, Laura Beresh-Taylor
Akron Law Review
This Comment evaluates alternative schools and their potential to cure the epidemic of school violence. Part II analyzes schools’ potential liability for failing to protect students from harm. Part III examines the emergence of “zero-tolerance” laws. Although courts frequently uphold the authority of schools to suspend and expel students, Part IV maintains that school officials cannot violate students’ constitutional rights. Part V describes alternative education programs and analyzes their ability to avert violence. Part VI examines Ohio’s efforts to prevent crime in schools and recommends strategies that focus on targeting, diverting, and preventing juvenile violence. Schools that suspend and expel …
Why A Fundamental Right To A Quality Education Is Not Enough,
2015
The University of Akron
Why A Fundamental Right To A Quality Education Is Not Enough, James Wilson
Akron Law Review
This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article’s title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …
Citizenship Education And The Free Exercise Of Religion,
2015
The University of Akron
Citizenship Education And The Free Exercise Of Religion, Tyll Van Geel
Akron Law Review
Part One of this article provides a broad-brush overview of constitutional doctrine as it bears on citizenship education in the public schools. The remaining parts of the article focus on a Free Exercise challenge to the introduction of a Callaneseque program of citizenship education in a public school. Part Two thus explicates Callan’s theory. Part Three outlines my approach to the Free Exercise Clause. Part Four applies that approach to a challenge brought against a Callanesque program of citizenship education. Part Five takes up other possible rights-based limits on the education power and offers a suggestion regarding how citizenship education …
Thinking About The Constitution At The Cusp,
2015
The University of Akron
Thinking About The Constitution At The Cusp, Mark Tushnet
Akron Law Review
Marshall’s understanding that schools have an implicit curriculum might be a better guide to thinking about what we should teach about the Constitution in this century than any substantive points I might make. One controversial example may illustrate Marshall’s understanding: just as he asked what lesson would be taught by delaying desegregation, so we might ask, “What lesson will be taught about the nature of our constitutional community if we adopt a large-scale system of vouchers that parents can use to assist them in sending their children to non-public schools?” Such a system would demonstrate B and would teach our …
Rich Kids, Poor Kids, And The Single-Sex Education Debate,
2015
The University of Akron
Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary Salomone
Akron Law Review
Over the past decade, the subject of publicly supported, single-sex education has generated considerable debate in legal and policy circles. Since 1996, much of that debate has centered around the Supreme Court’s decision in the Virginia Military Institute case and how that case intersects with Title IX of the Education Amendments of 1972. In VMI, Justice Ginsburg, speaking for the Court, stated that gender classifications must have “an exceedingly persuasive justification” in order to pass muster under the Fourteenth Amendment equal protection clause.1 That decision has become a key factor in recent efforts by school districts to establish single-sex schools …
The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education,
2015
The University of Akron
The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross
Akron Law Review
Despite their ringing declarations about human rights, Meyer and Pierce were both formally decided largely on the basis of property rights -- the liberty of the schools to conduct a business, the right of private school teachers to follow their occupation, and the freedom of the schools and the parents to enter into contracts. Although the Court easily could have decided the cases on the bases of freedom of religion or freedom of speech, the Court had not yet incorporated any part of the Bill of Rights into state law, and it was not prepared to begin the process of …
Free At Last? Charter Schools And The "Deregulated" Curriculum,
2015
The University of Akron
Free At Last? Charter Schools And The "Deregulated" Curriculum, Molly O'Brien
Akron Law Review
This paper will explore the prospects for charter school reform to provide curricular innovation and will point out several provisions in the legal organization of charter schools that will limit the possibilities for major innovation or radical reform of the official curriculum. This paper will also take stock of the autocratic and bureaucratic nature of the current public school model and weigh the possibility for charter schools to transform schools into places that embody democratic and community values. Charter schooling presents an exciting opportunity for school reform that rejects the factory model of public schooling and establishes both an official …
Sorting And Reforming: High-Stakes Testing In The Public Schools,
2015
UCLA School of Law
Sorting And Reforming: High-Stakes Testing In The Public Schools, Rachel F. Moran
Akron Law Review
As with “Millionaire,” these practices are widely accepted, roundly applauded, but nevertheless quite controversial. In this article, I will first examine the historical origins of high-stakes testing. Next, I will describe the growing interest in these tests in elementary and secondary schools as well as the tensions that have resulted. Then, I will explore the most significant challenges to the use of high-stakes testing as a requirement for graduation or promotion to another grade. This article will close by contemplating the likely future of the movement for testing and accountability.
Preliminary Thoughts On The Virtues Of Passive Dialogue,
2015
The University of Akron
Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise
Akron Law Review
The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. Although this on-going dialogue takes numerous forms and its quality varies, its existence is one sign of a functioning democracy. The judiciary’s participation in the nation’s constitutional dialogue is necessary, desirable, and, as an empirical matter, inevitable. The judiciary’s participation raises important normative issues as well. This article analyzes two competing models that bear on the normative question: what form should the judiciary’s participation take?
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments,
2015
The University of Akron
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin Brown
Akron Law Review
This essay is entitled Equal Protection Challenges to the Use of Racial Classifications to Promote Integrated Public Elementary and Secondary Student Enrollments. I delivered this essay as a speech in Akron, Ohio, at a conference titled “Education and the Constitution: Shaping Each Other and the Next Century” in March of 2000. The topic of this essay is particularly relevant for a conference with this title because it addresses one of the most significant issues in race and public education since the Supreme Court started America on the path of desegregation. Discussion of this topic in Akron, Ohio, is also particularly …
Education And The Constitution: Shaping Each Other & The Next Century,
2015
The University of Akron
Education And The Constitution: Shaping Each Other & The Next Century, Elizabeth Reilly
Akron Law Review
In evaluating patients’ potential legal remedies, this Comment explores 1) the emergence of managed care organizations in the United States; 2) the creation of the Employee Retirement Income Security Act of 1974 (“ERISA”) and how it impacts patients’ claims against their MCOs; 3) the question of “quantity” versus “quality” in evaluating whether ERISA preemption exists; 4) three theories (direct liability, breach of fiduciary duty, and vicarious liability) used to hold MCOs liable for injuries resulting from malpractice or the wrongful denial of benefits; 5) state legislative attempts to circumvent ERISA’s inequitable preemption of claims; and 6) why, given ERISA’s failure …
The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism,
2015
Pepperdine University
The End Of An Era: The Mounting Challenges To The Ncaa’S Model Of Amateurism, John Niemeyer
Pepperdine Law Review
In the six years between 2006 and 2012, the National Collegiate Athletic Association (NCAA), a nonprofit organization made up of universities, doubled its net assets to its current, unprecedented level of over $566 million. In 2012 alone, the organization retained a $71 million surplus after it disbursed a majority of its revenue to the NCAA member universities. It was able to make this much money largely because of the television revenue earned from the highly popular and entertaining sports of men’s football and men’s basketball. One would think that if a nonprofit organization could retain $71 million at the end …
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice,
2015
Seattle University School of Law
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?,
2015
Seattle University School of Law
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Seattle University Law Review
Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.
