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Caught in the Cross-Fire: The Psychological and Emotional Impact of the Individuals with Disabilities Education Act (IDEA) upon Teachers of Children with Disabilities, A Therapeutic Jurisprudence Analysis

Sat, 03/01/2014 - 13:31

The shortage of special education teachers in the United States, and the adverse consequences flowing from factors related to this condition provide a unique opportunity for scholars to study these issues through interdisciplinary research. Educational scholars have typically focused their research on educational practice and institutional policy. Although this scholarship frequently acknowledges the statutory and regulatory foundations of the IDEA, the literature does not generally adopt a legal framework for research purposes. This is not a criticism of educational scholars. It is merely an observation that opportunities exist to study special education teacher issues in a broader context. This Article argues for such an approach, and thus, seeks to analyze the psychological and emotional impact of Special Education Law upon special education teachers through the lens of Therapeutic Jurisprudence.

Therapeutic Jurisprudence is one of the vectors of a comprehensive law movement that began during the last few decades as a means to assess ways by which law and its processes could better serve the needs of society. Examples of other vectors of this movement include: collaborative law, creative problem solving, holistic justice, preventive law, problem solving courts, procedural justice, restorative justice, and transformative mediation. The list is not exhaustive, and the vectors are not exclusive. Indeed there have been occasions where the interests among vectors have overlapped creating synergies and opportunities for collaboration found useful to both. An example of this paradigm is the successful collaboration between Preventive Law and Therapeutic Jurisprudence.

Categories: Books

Towards Engaged Scholarship

Sat, 03/01/2014 - 13:31

The presenting question for the 2012 Symposium was how can engaged scholarship enhance teaching to prepare students for the legal profession and help to solve the critical problems of the day.12 The event employed a format designed to discover new ways of thinking about engaged scholarship. Each participant was asked to draft and submit in advance brief reflections on this question. At the Symposium, each professor attended seven breakout sessions held throughout the day. At each of these sessions, one participant presented to a small group of professors for ten minutes on her reflections, pinpointing issues, challenges, and themes involved in engaged scholarship; the remaining thirty minutes were spent in discussion with the group led by a facilitator. With three roundtables operating for each of these seven periods, twenty-one sessions were held, enabling each participant to present and to facilitate a forty minute roundtable. Every participant had an opportunity to engage in a small group with all those participating in the Symposium at some point during the day. The breakout sessions were followed by an hour-long wrap up conversation designed to define and discuss the principal issues that participants should address in their final reflections.

Part II of this article synthesizes the critical issues presented at the Symposium. Part III contains the reflections of the Symposium participants—a group of scholars deeply focused on the question of what, exactly, engaged scholarship means in an era of fundamental change in legal education. In Part IV, we conclude with several themes that we recommend for our colleagues’ consideration as they reflect on and move us further toward a clear definition of engaged scholarship.

Categories: Books

Global Environmental Law: Food Safety & China

Thu, 02/27/2014 - 14:13

This article makes the case for food security law and policy as a component of global environmental law in recognition of the global economy, trade liberalization, and concerns for food safety and environmental harm. It further describes rule of law as a significant force in mitigating food safety concerns and pollution in China. Part II explores global food safety concerns in the context of United States-China relations, while Part III discusses the U.S. Food & Drug Administration's on-the-ground presence in China as an example of the emergence of cooperative agreements in global environmental governance. Part IV shows how increased rule of law may mitigate environmental harm and food safety concerns in China. The article concludes by arguing that increased international cooperation on traditionally domestic issues is both likely and desirable, and it illustrates the need for increased rule of law efforts in the developing world.

Categories: Books