University of Maryland Law Journal of Race, Religion, Gender and Class最新文献

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Belford Vance Lawson, Jr.: Life of a Civil Rights Litigator 小贝尔福德·万斯·劳森:民权诉讼律师的生活
University of Maryland Law Journal of Race, Religion, Gender and Class Pub Date : 2012-05-30 DOI: 10.2139/SSRN.2070894
G. Parks
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引用次数: 1
A Conversation About Problem-Solving Courts: Take 2 关于解决问题法庭的对话:练习2
University of Maryland Law Journal of Race, Religion, Gender and Class Pub Date : 2010-06-28 DOI: 10.2139/SSRN.1631897
Jane M. Spinak
{"title":"A Conversation About Problem-Solving Courts: Take 2","authors":"Jane M. Spinak","doi":"10.2139/SSRN.1631897","DOIUrl":"https://doi.org/10.2139/SSRN.1631897","url":null,"abstract":"The University of Maryland Law Journal of Race, Religion, Gender and Class symposium on problem-solving courts surfaced a wide array of issues on the meaning and practices of these courts. My prepared remarks at the symposium addressed the first issue discussed in this article: the potential disparate impact of problem-solving courts on minority families who are disproportionately affected by these court processes. The second part of the article draws on the discussion during the symposium to reflect on the difficulty supporters and critics of the problem-solving court movement have in talking and listening to each other.","PeriodicalId":267686,"journal":{"name":"University of Maryland Law Journal of Race, Religion, Gender and Class","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131344999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
Thou Shalt Not 你不应该
University of Maryland Law Journal of Race, Religion, Gender and Class Pub Date : 2007-07-12 DOI: 10.1016/s0262-4079(16)30728-x
Markus Straßer
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引用次数: 13
The Sanctity of Conscience in an Age of School Choice: Grounds for Skepticism 择校时代良心的神圣性:怀疑论的依据
University of Maryland Law Journal of Race, Religion, Gender and Class Pub Date : 2006-05-07 DOI: 10.2139/SSRN.899381
Robert K. Vischer
{"title":"The Sanctity of Conscience in an Age of School Choice: Grounds for Skepticism","authors":"Robert K. Vischer","doi":"10.2139/SSRN.899381","DOIUrl":"https://doi.org/10.2139/SSRN.899381","url":null,"abstract":"A certain degree of deference to the individual consciences of both students and teachers makes sense under our traditional common school framework. Where students and their families are presented with a single option of publicly financed schooling, and where public school teachers' employment opportunities are fungible in terms of the moral content of the curriculum and pedagogical mission, the school is functionally equivalent to the state. As such, invoking the sanctity of conscience can bolster the individual's authority in what otherwise would be a pronounced power disparity in the state's favor. But the rise of school choice in many places gives students and teachers an important tool that may change the power dynamic in their relationship with any particular school: an exit option. Even in school districts that have not embraced private school vouchers, an array of charter, magnet, and other schooling options have created paths by which like-minded teachers and students can affirmatively choose to invest themselves in one school instead of another based on distinct normative claims embodied in the schools' respective missions. As school choice bolsters the ability of a school to create its own identity, the ability to maintain and defend that identity presupposes a reduced authority for the individual consciences of the school's prospective constituents. Under these circumstances, schools no longer function as fungible components of an educational monopoly backed by coercive state power. Schools instead begin to serve a mediating function, linking students and teachers together in common support of a mission that is not shared by every school. The viability of this mediating function has two implications for individual conscience: first, to the extent that a teacher's conduct is inconsistent with the school's deliberately chosen mission, the school has a stronger claim to control it; and second, to the extent that the implementation of a school's mission creates tension with a dissenting student's conscience, the student's exit option gives the school a stronger claim to maintain its mission. Conscience is by no means erased from the religious liberty analysis in an era of school choice, but its relevance and authority must be viewed from a different perspective. This article aims to begin tracing the contours of that perspective.","PeriodicalId":267686,"journal":{"name":"University of Maryland Law Journal of Race, Religion, Gender and Class","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129175633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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