Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

The institution of incapacitation is perceived in the context of the assurance of legal support for people who, due to the condition of their health and to other circumstances, require such support. Pursuant to Article 12 of the Convention on the Rights of Persons with Disabilities: States Parties reaffirm that persons with disabilities have the…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

The purpose of this article is to persuade legal studies teachers of the benefits of using works from other disciplines to illustrate the rationales for law, the greater context in which the legal order operates, and the relationship between law and society. The tangential benefits of using works from other disciplines are the enhancement of the…

In meting out justice, victims of crime too often are overlooked. Here, two criminology experts examine methods of restitution. (DM)

This paper is a legal analysis of the constitutionality of the Office of Education criteria for defining a self-supporting student. The criteria suggest a student cannot have been claimed as an income tax dependent, nor received more than $600, nor have lived at his parents home more than 14 consecutive days in the year for which aid is received…

Effective policemen need to have as much knowledge as possible about society; they need to be fair, like the criminal justice system they represent. Society cannot be protected unless there is full accordance with the law. Questions of concern are whether the poor man or the black man are receiving the same treatment as the rich or influential…

Our society permits conditions to exist in which laws cannot be enforced. To permit conditions that breed antisocial conduct to continue is our greatest crime. (Author)

Our adminstrative legal system is barren of elementary procedural safeguards in the decision making process; the quest for justice involves changing the old in order to give the individual equal rights and thus make respect for law the cohesive force holding society together. (Author/JB)

Citizens should be able to look to the law and the courts as protectors of liberty, as a safe harbor of fairness and impartiality. Lawmakers should not hesitate to call for continuing legal revolution to assure equal protection during continuing social change. (Author/JB)

One of several articles dealing with Crime and Punishment, this paper reviews difficulties stemming from centuries of change without true revision. (JB)

There are a variety of approaches to the limitation of discretion: in loco parentis, constitutional, contract, and trust for fiduciary theories. What has made these principles so far a matter of logical assertion rather than of law is that the courts have chosen not to review a college's use of discretionary authority regarding its students. Only…

Until recently, the courts perceived almost no difference in their treatment of public and private schools. Under due process and equal protection clauses of the law, a student's economic investment in his education is protected. The obvious legal concept to invoke to protect economic expectation is contract, so most cases involving student rights…

This article, the first of two, concentrates on the historical background and the legal basis for affirmative action. (NQ)