1,721,076 research outputs found
California Year in Review: 2013 Special Education ALJ Decisions
Full text linkThis article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer
American Law in the Age of Hypercapitalism : the Worker, the Family, and the State.
No full textSince the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith. Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners. In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.Preface; 1 The tattered safety net; 2 Affirmative action; 3 Disability discrimination; 4 Family and medical leave; 5 Sexual orientation discrimination; 6 Unprotected workers; 7 Medina's story.Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith. Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners. In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.Print version record.JSTO
Hybrid : bisexuals, multiracials, and other misfits under American law /
No full textThe United States, and the West in general, has always organized society along bipolar lines. We are either gay or straight, male or female, white or not, disabled or not. In recent years, however, America seems increasingly aware of those who defy such easy categorization. Yet, rather than being welcomed for the challenges that they offer, people living the gap are often ostracized by all the communities to which they might belong. Bisexuals, for instance, are often blamed for spreading AIDS to the heterosexual community and are regarded with suspicion by gays and lesbians. Interracial couple.Introduction : living the gap -- A bi jurisprudence -- Sexual orientation -- Gender -- Race -- Disability -- Bipolar injustice : the moral code -- Invisible hybrids under the U.S. census.The United States, and the West in general, has always organized society along bipolar lines. We are either gay or straight, male or female, white or not, disabled or not. In recent years, however, America seems increasingly aware of those who defy such easy categorization. Yet, rather than being welcomed for the challenges that they offer, people living the gap are often ostracized by all the communities to which they might belong. Bisexuals, for instance, are often blamed for spreading AIDS to the heterosexual community and are regarded with suspicion by gays and lesbians. Interracial couple.Print version record.JSTO
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Disabled Education A Critical Analysis of the Individuals with Disabilities Education Act
No full text"For the first time, this book tells the stories of the families who set key precedents for children with special needs. It also gives a novel and in-depth description of the political and legislative process of the landmark Individuals with Disabilities Education Act. In so doing, Colker offers an unprecedented historical account of this law, while also offering a timely critique and suggestions for reform." Julie K. Waterstone, Southwestern Law School Enacted in 1975, the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of laws democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEAs surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Through an examination of the evolution of the IDEA, the experiences of children who fought for their education in court, and social science literature on the meaning of "learning disability," Colker reveals the IDEAs shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines. Ruth Colker is Distinguished University Professor and Heck-Faust Memorial Chair in Constitutional Law at the Ohio State Universitys Moritz College of Law. Previous books include American Law in the Age of Hypercapitalism (NYU Press 1998) and The Disability Pendulum: The First Decade of the Americans with Disabilities Act (NYU Press 2005).Cover -- Contents -- List of Abbreviations -- Acknowledgments -- 1. Introduction -- 2. The Education for All Handicapped Children Act: Historical Evolution -- 3. Amy Rowley -- 4. Michael Panico -- 5. Post-1975 Amendments -- 6. Brian Schaffer -- 7. Joseph Murphy -- 8. Ohio -- 9. Florida -- 10. New Jersey -- 11. California -- 12. District of Columbia -- 13. The Learning Disability Mess -- 14. A New Beginning -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- W -- About the Author"For the first time, this book tells the stories of the families who set key precedents for children with special needs. It also gives a novel and in-depth description of the political and legislative process of the landmark Individuals with Disabilities Education Act. In so doing, Colker offers an unprecedented historical account of this law, while also offering a timely critique and suggestions for reform." Julie K. Waterstone, Southwestern Law School Enacted in 1975, the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of laws democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEAs surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Through an examination of the evolution of the IDEA, the experiences of children who fought for their education in court, and social science literature on the meaning of "learning disability," Colker reveals the IDEAs shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines. Ruth Colker is Distinguished University Professor and Heck-Faust Memorial Chair in Constitutional Law at the Ohio State Universitys Moritz College of Law. Previous books include American Law in the Age of Hypercapitalism (NYU Press 1998) and The Disability Pendulum: The First Decade of the Americans with Disabilities Act (NYU Press 2005).Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
An Embodied Bisexual Perspective
No full textIn his book, Sex and Reason, Judge Richard Posner argues that law and society should treat sexuality as a "morally indifferent subject." Society should regard sexual preferences as having no greater moral significance than preferences for food. Although many gay rights proponents disagree with Posner's specific application of this principle, no one seems to disagree with his attempt to separate law and morality. That "morally indifferent" perspective which is advanced by Posner, as well as by many proponents of gay rights, will be the subject of this essay. I will argue, by contrast, that we should develop a morally significant perspective on gay rights which I call an "embodied bisexual perspective." In Part I, I will develop an embodied bisexual perspective and, in Part II, I will apply that perspective to sodomy laws, marriage and adoption, and employment in the military
The Freedom to Choose to Marry
Full text linkOver the last several decades, the Lesbian, Gay, Bisexual, and Trans (LGBT)3 community made the political decision to push for “marriage equality” and the “freedom to marry,” rather than “same-sex” marriage or “homosexual” marriage.4 Like the decision that Justice Ruth Bader Ginsburg made in the 1970s, to refer to “gender-based” equality rather than “sex-based” equality, this change in terminology tried to focus society on the concept of “equality” rather than “sex”5 and the category of “marriage” rather than “homosexual marriage.”6 Although this change in terminology cannot, alone, account for changes in public opinion, it does coincide with increasing public acceptance of individuals having the freedom to marry the person they love without regard to sex or sexual orientation.7
Thus, when the Supreme Court announced its decision in Obergefell v. Hodges,8 the leading LGBT rights organizations applauded a victory for “marriage equality”9 or the “freedom to marry.”10 Partially reflecting this change in terminology, the Obergefell Court described the victory as one for “same-sex marriage,”11 the “freedom to marry,”12 and the “right to marry,”13 although it never mentioned the term “marriage equality.”
But what is “marriage equality” and the “freedom to marry”? How does Obergefell relate to those two constitutional protections? This Article argues that the Obergefell decision reflects an important advance for some aspects of marriage equality and the freedom to marry,14 while also insufficiently developing the freedom to choose to marry. Nonetheless, the roots of the freedom to choose to marry can be found in the precedent underlying Obergefell as well as in some aspects of the decision itself
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