<p> In this thesis, I examine how postmodern notions of space and place may shed light on legal controversies regarding cyberbullying behavior in lower courts. Using the theories of Michel de Certeau, I argue that rhetorically intervening in these controversies by way of thinking through space and place not as geographic locations, but rather as relational and communicative concepts, may clarify some of the issues school administrators and courts run into when trying to regulate cyberbullying speech. I propose a set of standards for regulating some forms of cyberbullying speech that should not encroach upon students&rsquo; First Amendment rights to political speech.</p>

Thesis (Ph.D.)--University of Illinois at Urbana-Champaign, 2007. / Source: Dissertation Abstracts International, Volume: 68-06, Section: A, page: 2628. Adviser: Kern Alexander. Includes bibliographical references (leaves 159-168) Available on microfilm from Pro Quest Information and Learning.

No description available.

<p> In this quantitative study, the perceptions of safety and preparedness of Missouri&rsquo;s high school administrators after participating in active shooter training as mandated by Missouri&rsquo;s Senate Bill No. 75 were analyzed. As school shootings continue, states have passed legislation to prepare schools to provide safety for students and faculty members (Shah, 2013b). There are currently limited data about the perceived effectiveness of Missouri&rsquo;s Senate Bill No. 75 and its ability to help administrators feel safe and prepared in the event of an active shooter. This study involved examination of what schools can do to prepare for a school shooting before one occurs and what schools can do during a school shooting. It also included information on what schools can expect after a shooting has occurred. Fifty-two Missouri high school administrators were surveyed, then data were aggregated by gender, years of educational experience, years of administrative experience, district size, and district location (urban or rural) as reported by the administrators. The majority, or 86.6%, of Missouri high school administrators felt more safe and prepared after participating in active shooter training. Differences did exist between rural and urban administrators in the perception of safety and preparedness with three of the smallest districts indicating feeling the least amount of safety and preparedness. When parsing data by gender only two of the 26 females did not feel prepared after training, while 10 males indicated they did not feel prepared after training. A slight majority, or 53.8%, of the administrators, were not in favor of arming selective school personnel after proper training.</p>

<p> In public schools, student expression commonly calls for the attention of school staff in one form or another. Educators have a practical interest in understanding the boundaries of student freedom of speech rights and are often directed to the four student speech cases decided to date by the Supreme Court (<i>Tinker v Des Moines</i> (1969), <i>Bethel v Fraser </i> (1986), <i>Hazelwood v Kuhlmeier</i> (1988), and <i> Morse v Frederick</i> (2007)). Sources about these cases abound, but most focus on legal reform issues such as the political arguments of opposing preferences for more student freedom or more school district control or the lack of clear guidance for handling violations </p><p> I propose an alternative approach to understanding the Supreme Court&rsquo;s student speech jurisprudence focusing not on its correctness but on cultural influences which have worked and continue to work on the Court both from without and within. This approach may lead to a new understanding of Court decisions as legally binding on educators and an appreciation of the necessary rhetorical artistry of the Justices who write them. Not intended in any way as an apologetic of the Court&rsquo;s decisions on student speech, this study is based particularly on the work of Strauber (1987), Kahn (1999) and Mautner (2011). It takes the form of a cultural history going back to the Fourteenth Amendment&rsquo;s influence on individual rights from its ratification in 1868 to its application in Tinker in 1969 and beyond. </p><p> Seen as cultural process which begins with the Amendment&rsquo;s initial almost complete ineffectiveness in restricting state abridgment of fundamental rights including speech to its eventual arrival, fully empowered, at the schoolhouse gate, this study attempts to make student speech rights more accessible to educators and others. The tensions between the popular culture which espouses the will of the people and the internal legal culture of the Court itself and its most outspoken and articulate Justices resolve into decisions which become the law of the land, at least for the moment. The study also offers implications for administrators together with suggestions on how to stay current with free speech case law applicable to the schools.</p>

<p> The purpose of this research was to examine the patterns and themes of litigation in Americans with Disabilities Act (ADA) disability discrimination cases charged under the theory of disparate impact. Specifically, this study used Computer Assisted Legal Research (CALR) to identify and review all U.S. Appellate Court ADA disparate impact cases as reported by Westlaw, a commercial electronic case law reporting system owned by Thomson Reuters. </p><p> This study used a two-step, mixed methods approach to analyze the data relevant to the research questions and sub-questions. First, the researcher employed content analysis (Hall &amp; Wright, 2008) to identify and characterize patterns and trends of litigation in all reported U.S. Appellate Court ADA cases charged under the theory of disparate impact from 1992 through 2012. Cases were analyzed chronologically, and variables included number of published and unpublished cases, distribution of jurisdiction, distribution of ADA titles, EEOC involvement, case fact patterns, and characteristics of charging and opposing parties. Frequency analyses were conducted on these data. Second, the researcher identified a subset of the ADA disparate impact cases analyzed in the first step: Title I, or employment discrimination cases. Qualitative analysis employing the constant comparative method (Strauss &amp; Corbin, 1990) was used to identify and characterize patterns and themes of the judicial opinions in the Title I disparate impact cases. The researcher developed a framework for analysis based on a review of the literature of the sociopolitical perspective of disability to guide the analysis of the judicial opinions in the subset of disparate impact cases. The results of the frequency analyses conducted on these data revealed four trends: (a) Precedent, (b) Circuit and Judge Effects, (c) Equal Employment Opportunity Commission (EEOC) Successes, and (d) Sutton Case Effect. The results of the qualitative analysis of the text of the judicial opinions produced four themes and three relationships among the themes. The four themes were accommodation(s); workplace culture, norms, and policies; judicial process; and policy space. The three relationships were gap-filling, weighing and balancing, and maintaining status quo versus effecting social change. The themes and relationships are depicted in a concept map that visually displays the conceptual framework revealed in the study. </p><p> The findings in this study may inform disability and rehabilitation scholars about ADA disparate impact cases, a body of law about which little is known. The patterns and trends identified in ADA Title I disparate impact cases may provide information about the types of policies and practices that are most frequently litigated. Rehabilitation practitioners may be able to use the results of this research to develop education and outreach strategies for employers on best practices for hiring, accommodating, and promoting employees with disabilities. Because the workplace policies and procedures identified in the cases that comprise this study are neutral on their face rather than intentionally discriminatory, employers may benefit from information that assists them in evaluating their policies and procedures proactively, which may avoid costly and time-consuming litigation. Finally, workplace policies and procedures that fairly represent the essential functions of the job and are applied uniformly to workers with and without disabilities will contribute to a more diverse workforce.</p>

<p> This ethnographic study looks at the development and practice of cultural citizenship among ten Mexican undocumented immigrant students at a Southern California university. Amid societal and governmental institutions such as immigration seeking to regulate citizen membership, undocumented students find a sense of belonging and incorporation through educational pathways. Not legally citizens, undocumented students encounter many obstacles to obtaining their degrees.</p><p> Consequently, students must "come out'' of the shadows to institutional gatekeepers and each other in order to access resources and public space. Through the process of coming out, undocumented students leave their liminal, undocumented status behind. Instead, they become citizens as social actors, seeking not only to participate in society--but reshape it. In this narrative, the ways undocumented students explore citizenship, "come out," and contest their status through everyday practices are examined. In developing alternative solutions to citizen-normative practices that seek to exclude the undocumented, the students are able to claim rights and space in their everyday lives and on a university campus.</p>

Thesis (Ph.D.)--University of Illinois at Urbana-Champaign, 2006. / Source: Dissertation Abstracts International, Volume: 67-07, Section: A, page: 2730. Adviser: Debra Bragg. Includes bibliographical references (leaves 154-172) Available on microfilm from Pro Quest Information and Learning.

<p> This dissertation examines the special issue of peer harassment of students with disabilities through a legal lens, exploring the legal standards used in cases involving three federal statutes&mdash;Section 504 of the Rehabilitation Act (&ldquo;Section 504&rdquo;), the Americans with Disabilities Act (&ldquo;ADA&rdquo;), and the Individuals with Disabilities Education Act ("IDEA"). Using legal research methods, litigation trends regarding the number of cases and the legal standard used and applied were explored. There has been no Supreme Court case on the legal standard to be used under Section 504, the ADA, or IDEA in peer harassment of students with disabilities, and circuit courts of appeals have not reached consensus on which legal standard should apply. Instead, courts have applied several different legal standards, including the Davis standard, a modified <i>Davis</i> standard, bad faith and gross misjudgment, deliberate indifference, disability discrimination, intentional discrimination, and denial of a Free Appropriate Public Education (FAPE). This dissertation synthesizes the relevant legal standards used in each federal circuit and identifies trends that might guide the future of this type of litigation.</p><p>

This thesis started with one question: “how could we make the legal system more fair for more people?” One possible answer is given to that question in the four chapters that follow: we can achieve a more fair and efficient legal system by providing our citizens with a basic level of legal literacy. That basic education includes a general knowledge of the structure and foundation of law, its content and purpose and finally the role of the people within political systems supporting different kinds of legal theories. I have argued that such education will increase people’s interest about legal matters while encouraging them to take a more active role with regards to legal matters. Often emphasized in this thesis is the role of interpretation within law. I’ve argued that the central role of interpretation in law could serve as an advantage for the citizens given that they sport the belief that they could bring out positive changes within their society and provided that they become motivated to take action based on that belief. The first step in achieving such changes is increasing legal literacy, an intricate part of which would be to show ordinary citizens the many subtlties that exist at different levels of law. People’s awareness of such subtleties accompanied with further institutional changes which would allow them to seek legal advice at an affordable rate and in different ways – as suggested in chapter four of this thesis - should help prevent many legal troubles from arising in the first place, thereby leading to a more fair and efficient legal state: one in which less injustice is seen and more resources are spent on issues that cannot be helped.