Jury simulation research has been the subject of longstanding criticism in regards to ecological validity. One additional factor that has received little attention that may also impact the generalizability of this research relates to excluding participants based on their memory of, or their attention paid to, the case. In order to determine how…

Ongoing or recently completed across the United States are a series of lawsuits via which teacher plaintiffs are contesting how they are being evaluated using value-added models (VAMs) as part of states'/districts' teacher accountability systems. To investigate the empirical and pragmatic matters addressed in court, researchers conducted a case…

Purpose: The two main objectives of this project were to advance knowledge about the way corruption and related offences are structured and operate in society and to draw inferences on the efficiency and efficacy of the judicial authorities in handling reported offences with the ultimate goal of improving and effecting control policies.…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

The use of aversives as a method for behavioral intervention in U.S. public schools has been a persistent concern and often subject to litigation, particularly among students with disabilities. The use of aversives (restraint, seclusion, and corporal punishment) have been supported in some cases due to their perceived necessity to keep children…

Bullying in schools has escalated far beyond childhood teasing. In recent years, torture, murder, and suicide have been associated with bullying (van der Kolk, Weisaeth, & McFarlane, 2007). While bullying is unacceptable behavior in any school, it is particularly problematic in Catholic schools, which must embody Gospel values. Catholic…

Within the past few decades, scholars, lawmakers, and educators have increased attention to a specific type of aggressive behavior known as bullying. While bullying is like peer aggression and harassment, in that they all pertain to negative aggressive actions, there are important distinctions among these three forms of behavior. The key features…

For more than 30 years, scholars and practitioners have debated how to distinguish emotional disturbance (ED) from social maladjustment (SM) when determining special education eligibility and need. Scholarship on the nature of ED and SM has paid little attention to the legal parameters of practice despite the fundamentally legalistic nature of…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Background/Context: School finance litigation has often prompted funding reforms, but what happens as a result is the subject of considerable dispute. Purpose: This article explores design problems encountered in studies examining the nature and effects of those reforms. Analysis: After describing the development and current status of school…

The legal problems faced by publishers of alternative newspapers are often compounded by the limited availability of the funds they have either for legal defense or for initiating lawsuits. Although both the courts and journalism's professional associations theoretically support the position that the alternative press possesses rights identical to…

The purpose of this paper is to review the literature regarding some of the past practices of discipline and to explore the changes in discipline that have been made in our schools, the alternatives that have resulted, and a specific approach--in-school suspension--that has taken root in contemporary education as a result of this change. A review…

The formal court system in Australia has long been criticised for its adversarial nature. As a result, there has been an increase in the use of alternative dispute resolution processes such as mediation. These are promoted as a means of increasing access to justice by disadvantaged groups and as an inexpensive way of solving legal or quasi-legal…

This document asserts that civil litigation of personal injury claims involving emotional distress is commonplace in American society today. It recognizes that expert witness testimony often plays a key role in the rewarding or denial of damages in such claims and that the psychologist's role as an expert witness in such matters entails unique…

An examination of how employers and employees may be encouraged to adapt to changing economic conditions through innovation and cooperation rather than conflict indicates that the system of dispute resolution in the United States contains substantial disincentives to resolving disputes through negotiation and substantial incentives to resolving…