Patent Variation: Discerning Diversity Among Patent Functions,
2013
Boston University School of Law
Patent Variation: Discerning Diversity Among Patent Functions, Jessica Silbey
Faculty Scholarship
This Article describes and analyzes qualitative interview data collected over a five-year period. The goal of the interviews was to explore the roles of intellectual property (“IP”) in IP rich fields. Interviews were with diverse actors in a wide-range of industries: film, book publishing, visual arts, internet commerce, biology, engineering, chemistry, computer science. The data described and analyzed in this Article focuses on the specific question about the diverse functioning of patents in the subset of interviewees who are scientists and engineers, their lawyers and business partners. The Article proceeds in two parts. Part I describes the empirical dimension of …
Politics, Process, And Mayoral Power: The Story Of Ed Koch And The Appointment Of Frank Macchiarola As Chancellor Of The New York City Schools,
2013
Professor of Law and Director of the Center for New York City Law at New York Law School
Politics, Process, And Mayoral Power: The Story Of Ed Koch And The Appointment Of Frank Macchiarola As Chancellor Of The New York City Schools, Ross Sandler
NYLS Law Review
No abstract provided.
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State,
2012
IIT Chicago-Kent College of Law
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
All Faculty Scholarship
This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?,
2012
Chicago-Kent College of Law
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Chicago-Kent Law Review
This note analyzes the current circuit split over whether schools should have the authority to punish students for speech made on the Internet. Part I discusses the First Amendment generally and the four Supreme Court cases that have refined its application with respect to on-campus student speech. Part II presents the ensuing circuit split over the constitutionality of disciplining students for online, off-campus speech. Specifically, this section will explain both of the existing perspectives and why neither of the two is ideal. Part III attempts to devise a solution to the current divide by advocating a compromise position. In particular, …
Civil Rights, Charter Schools, And Lessons To Be Learned,
2012
University of South Carolina - Columbia
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …
Teacher Leadership: Women (Of African Descent) Enacting Social Justice,
2012
University of South Florida
Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha
Educational Leadership and Policy Studies Faculty Publications
No abstract provided.
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students,
2012
William & Mary Law School
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
William & Mary Bill of Rights Journal
No abstract provided.
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree,
2012
Brigham Young University Law School
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
BYU Law Review
No abstract provided.
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?,
2012
Brigham Young University Law School
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
BYU Law Review
No abstract provided.
An Analysis Of The Legal Obstacles To State Pension Reform,
2012
University of Arkansas, Fayetteville
An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck
Graduate Theses and Dissertations
Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers,
2012
Pepperdine University
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?,
2012
University of Florida Levin College of Law
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
Florida Law Review
Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third …
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back,
2012
University of Florida Levin College of Law
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Florida Law Review
In a “cut-and-paste” Internet environment where plagiarism is easier than ever, academic institutions face the daunting challenges of promoting honesty and respect for the work of others and of ensuring the integrity of the learning and grading processes. Many academic institutions have accordingly turned to commercial plagiarism prevention and detection services, such as those provided by a company called Turnitin. Yet those institutions that use the Turnitin system may be fostering infringement of the intellectual property rights of their students. When Virginia’s McLean High School recently announced plans to use Turnitin, students balked and collected 1,190 student signatures on a …
Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech,
2012
Pace University School of Law
Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Florida Law Review
This Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines—namely, the Pickering–Connick framework for teachers’ classroom …
Growth Model Evaluations: Possibilities And Pitfalls,
2012
Eastern Illinois University
Growth Model Evaluations: Possibilities And Pitfalls, John Dively
Faculty Research and Creative Activity
In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.
Growth Model Evaluations: Possibilities And Pitfalls,
2012
Eastern Illinois University
Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr
Faculty Research and Creative Activity
In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?,
2012
Pepperdine University
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers,
2012
Pepperdine University
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation,
2012
Pepperdine University
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations,
2012
Pepperdine University
It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano
Pepperdine Law Review
No abstract provided.
