47,636 research outputs found

    2003-2007 Report on Hate Crimes and Discrimination Against Arab Americans

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    Analyzes rates, patterns, and sources of anti-Arab-American hate crimes and discrimination, including detainee abuse, delays in naturalization, and threats; civil liberties concerns; bias in schools; and defamation in the media. Includes case summaries

    A Path Not Taken: Hans Kelsen\u27s Pure Theory of Law in the Land of Legal Realists

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    This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal theory in over a dozen countries. The Essay offers four explanations for the failure of Kelsen’s pure theory of law to take hold in the United States. Part I covers the argument that Kelsen’s approach failed in the United States because it is inferior to H. L. A. Hart’s brand of legal positivism. Part II discusses the historical context in which Kelsen taught and published in the United States and explores both philosophical and sociological reasons why the legal academy in the United States rejected Kelsen’s approach. Part III addresses the pedagogical obstacles to bringing Kelsen’s Pure Theory into classrooms in the United States. The final section addresses the U.S. legal academy’s continuing resistance to the pure theory of law. The vehemence with which legal scholars within the United States rejected Kelsen’s philosophy of law is best understood as a product of numerous factors, some philosophical, some political and some having to do with professional developments within the legal academy itself. Because the causal significance of philosophical and political opposition to Kelsen’s legal philosophy has been overstated, this Essay supplements those explanatory models with a sociological account of the U.S. legal academy’s rejection of Kelsen’s pure theory of law

    The Reception of Hans Kelsen\u27s Legal Theory in the United States: A Sociological Model

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    The Essay explores the reasons underlying opposition to Hans Kelsen\u27s approach to the law within the U.S. legal academy. The vehemence with which legal scholars within the United States rejected Kelsen\u27s philosophy of law is best understood as a product of numerous factors, some philosophical, some political and some having to do with professional developments within the legal academy itself. Because philosophical and political opposition to Kelsen\u27s legal philosophy has been well-explored in earlier articles, this Essay discusses those topics briefly in Part I and then sets out in Part II a sociological model that grounds the academy\u27s rejection of Kelsen\u27s pure theory of law in professionalization processes already well underway when Kelsen arrived in the United States. Kelsen had little impact in the U.S. legal academy not only because his brand of legal positivism was uncongenial to a U.S. audience. He also had little impact because he arrived in the United States just as the twin innovations of Legal Realism and the professionalization of the legal academy were solidifying their grips on the U.S. legal community. His mode of legal thought and his approach to legal education could not be accommodated within the newly-created discursive practice of the legal professoriate, and there was thus little possibility that his approach could be accommodated within that realm

    The transformation of higher learning 1860-1930: expansion, diversification, social opening and professionalization in England, Germany, Russia and the United States

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    "The debate about the current (or perhaps perennial) crises of higher education suffers from a lack of temporal and comparative perspective. Concerned with solving immediate policy problems, scholars and administrators tend to argue as if their present predicaments were unique. However academic unemployment, curricular disintegration, inequality of opportunity and vocationalism are neither particularly new nor limited to the United States. While the pas cannot merely be used as a quarry for building blocks for the future, and comparisons, if superficial, mislead more than enlighten, both can provide a clearer awareness of the dynamics of change which underlie some of the recent difficulties. Although the last great upheaval which produced mass higher education has dwarfed all previous development, many of its problems of size, institutional structure, social composition and professional orientation have resulted from the prior change from a traditional to a modern system around the turn of the century. Hence a closer look at the patterns, causes and consequences of that transformation of higher learning in the West suggests a broader as well as a longer view on the antecedents of the recent malaise and a more critical sense of the connection between education and social change. The present volume attempts to build upon the new social history of higher education." "Therefore this volume employs a cooperative approach, which attempts close coordination, seeks to present some primary statistics and tries to provide an interdisciplinary historical perspective. By concentrating on four important countries such as Britain, Germany, Russia and the United States as well as on four overriding topics such as expansion, diversification, social opening and professionalisation, it focuses both on the common dynamics of the transformation and individual national peculiarities." (author's abstract

    Diversification in American higher education

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    3. Launching the New Enterprise

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    As the academic year of 1945-46 approached, the intensity of activity in preparation for actually opening the school in the fall term became overwhelming. Incredible though it may seem, Ives and Day were able in a period of a few weeks to assemble the nucleus of a faculty, several of whom formed a continuing source of counsel and advice both during the school’s formative years and thereafter. Includes: The First Dean and the School’s Dedication; A Participant’s View of the Early Years; Ives Moves On; Several Views of Martin P. Catherwood; The Founders

    The Unfolding Tendency in the Federal Relationship to Private Accreditation in Higher Education

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    The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state postsecondary review entities to contract with the Department of Education

    Higher learning, the state, and the professions in Russia

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