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Suffolk University Law School Academic Catalog, 2021-2022
Get PDFThis catalog contains information on academic policies, program requirements, and course descriptions for Suffolk University Law School.https://dc.suffolk.edu/suls-catalogs/1074/thumbnail.jp
Democratizing Education Rights
No full textIf the United States is to reverse its creeping, illiberal descent, generations of youth must emerge from this tribal, post-truth, pandemic-shattered era to mend democracy. Hope for that uncertain future lies in re-engineering how schoolchildren learn democracy-- not from a civics textbook but by experiencing it in the classroom. The sad irony is that we still lack a knowledge base, grounded in research, for that type of democratic education. Nearly two and a half centuries into the republic\u27s existence, our commitment to democratic education is honored more in the breach than in observance. And our uninformed, polarized, and disaffected electorate is not happy coincidence.
As calls to \u27reimagine education\u27 mount in the time of coronavirus, this Article is the first to propose a constitutional remedy-- an individualized education plan (IEP)-- for all schoolchildren to bring democracy directly into the classroom. This IEPs-for-all remedy animates an affirmative duty long neglected but firmly established in the text, history, and precedents of state constitutions: the duty to educate democratically. This Article is the first to distinguish this duty apart from constitutional obligations of equality and adequacy, contending that the duty to educate democratically guarantees public schooling for and through democracy.
Borrowing a process from its namesake in special education law, the IEPs-for-all remedy signals that all education is special by giving students a voice in their own education and teachers more autonomous choices over how to address their students\u27 needs, capacities, and interests. Such forms of democratic participation can empower teachers to teach and students can learn democracy through experience. Retooled for data collection, the IEP can also amass a knowledge base about educational needs, interventions, and effective instructional practices to inform democratic decision-making-- locally at first in the classrooms, schools, districts, and then eventually in the states charged with the constitutional duty to educate democratically
Discrimination Under a Description
Get PDFIn debates about the permissibility of certain kinds of differential treatment, our judgments often seem to depend on how the conduct in question is described. For example, legal prohibitions on same-sex marriage seem clearly impermissible insofar as they can be described as a form of sex discrimination, less clearly so, at least under federal law, if described simply as sexual orientation discrimination, and arguably not discriminatory at all insofar as they constitute a universally-imposed disability on marrying within one’s own sex. It seems, in other words, that the prohibition of same-sex marriage constitutes legally impermissible discrimination under some descriptions but not under others. The problem, or so I will argue, is that none of the available descriptions seems to be uniquely correct. But if our judgments of permissibility depend on a choice among equally veridical descriptions, how can those judgments be justified? In this article, I explore this “problem of description” and discuss how the law should choose between alternative characterizations of disputed conduct for the purpose of judging whether it constitutes impermissible discrimination. Drawing on case law and literature relating to sexual orientation discrimination and the constitutionality of the prohibition of same-sex marriage, I attempt to disentangle the various issues embedded in disagreements about the proper description of ostensibly discriminatory conduct and to expose the substantive values that are truly at stake. I show how giving legal effect to one description to the exclusion of another always implies a principle governing the relative priority of the policies implicated by the competing alternative descriptions, and that the defensibility of the choice of description depends ultimately on the justifiability of that principle of priority
Examining Mental Illness in Young Adult Literature: Sick-Lit, Authenticity, and Reader Influence
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Art, Community, and Prosocial Behavior
No full textThe purpose of this research is to better understand the connection between the arts in social justice, both in pedagogy and activism. Through the paper I hope to contribute my opinion on what makes a successful social justice movement as well as to prove how art is essential to each component. The following are the four elements I believe to aid in the success of a social justice movement: (1) learning about the issue, (2) understanding the issue, (3) uniting under the issue, and (4) acting on behalf of the issue. The research demonstrates how art can intervene in each of these steps to increase the success of a social justice movement, namely, lead to the desired change. To study the role of art in social justice movements I first investigated the various examples of social justice and social justice art, as well as what it means to understand.I then looked to various examples of art and social justice that demonstrated the four phases of learning, understanding, uniting, and acting. Through the research I discovered that art and artists have made contributions to virtually every current social justice movement. Therefore, it is not a question of if there is a connection between the arts and social justice, but rather how the arts interact with social justice movements and why this interaction is important
