Bridgton Reporter : Vol.1, No. 39 August 05,1859

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Free Speech in the Balance: Judicial Sanctions and Frivolous Slapp Suits

The balance between free speech and access to courts in defamation tort actions is fraught with public policy concerns. On one hand, plaintiffs should have unencumbered access to the justice system to remedy real harms brought upon them by defamatory statements. However, defamation suits should not be wielded to suppress the constitutionally protected free speech rights of news organizations and of concerned citizens that are vital for well-functioning democracies. This Article argues for a new type of remedy, namely enhanced Rule 11 attorney sanctions, such as suspension or debarment, that should be available to defendants of defamation suits brought by repeat players that use “cookie-cutter” complaints. This Article specifically proposes a novel four-part test implicating use of attorney sanctions as a remedy for filing niche types of frivolous lawsuits. Per this test, a court should weigh the following factors to determine if such sanctions are warranted: (1) if the plaintiff habitually files and loses defamation-type suits to prevent protected free speech; (2) the nature of the defendant, especially if the defendant is a news organization; (3) the proportionality of the damages requested, and; (4) if a countersuit is at issue. In this Article, we examine a case study in the form of a decades’ long frivolous litigation pattern exhibited by Murray Energy and Robert Murray as its CEO. Murray Energy has been characterized as the single largest privately-owned coal corporation in the United States, and thus constitutes a prominent actor well-suited for assessing the potential strengths and weaknesses of developing this new remedy. We ultimately conclude that enhanced Rule 11 attorney sanctions, as weighed and levied vis-à-vis the proffered test, could constitute a potentially potent deterrent to frivolous lawsuits designed to inhibit the free speech of the press and of concerned citizens—which indeed occupy a crucial watchdog role in healthy democracies

Teacher Perceptions of Working with Children with Specific Special Education Exceptionalities in the General Education Classroom

The purpose of this study was to determine the degree to which general education teachers in elementary schools believe they are prepared to teach children/students with specific special education exceptionalities in the general education classroom. The study addresses the exceptionalities of: autism, speech/language disorder, specific learning disability, and emotional disability and using a multiple method quasi-experimental design that yielded quantitative and qualitative data. The study used an original instrument entitled the General Educators Preparedness for Inclusive Education (GEPIE). The instrument used a vignette/scenario design to assess levels of perceived preparedness. Third, fourth, and fifth grade teachers in South Mississippi were asked to participate in the study. An original instrument was developed because there was not one available that followed the vignette/scenario format. For the quantitative phase, study data showed that general education teachers appear to be largely uncertain about their preparedness to meet the needs of students with special needs. There was a difference in general educators’ level of perceived preparedness to work with students with disabilities based on the child’s eligibility category; educators perceived they were better prepared to address the educational needs of students with specific learning disabilities than those who were in one of the other three disability classifications. Furthermore, data revealed that the level of perceived preparedness of general education teachers is related to selected background characteristics that include level of education, the number of special education classes taken during their training, years of experience, and the amount of professional development in special education they have attended. Qualitative results revealed that educators do not believe they are prepared to teach students with disabilities in the general education classroom. Respondents indicated the need for more special education classes during the teacher preparation experience, including more practical hands-on experiences. Respondents expressed the need for more collaboration with special education personnel and assistance with resources, materials, and making modifications/accommodations in the classroom. Of the four exceptionalities addressed in this study, teachers perceived they are most prepared to serve students with specific learning disabilities and least prepared to serve students with autism and emotional disabilities

Bridgton Reporter : Vol. 4, No. 42 September 12,1862

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Official Proceedings of the One Thousand Four Hundred and Thirty-Seventh Meeting of the Board of Trustees, Columbus, Ohio, November 2, 2007

This item is the meeting minutes of the Board of Trustees of The Ohio State University held on November 2, 2007 at the Ohio State University Longaberger Alumni House, Columbus, Ohio. President E. Gordon Gee gave a short President's Report and Mr. McFerson presented on the Committee on Trusteeship Report. There was a vote on the Statement of Expectations The Ohio State University Board of Trustees. Multiple committee reports were presented and dialogued. The Waiver and Naming of the Les Wexner Football Complex at the Woody Hayes Athletic Center was voted upon. The consent agenda included the following resolutions: Amendments to the University Hospitals Medical Staff Rules and Regulations, Naming of Hawk's Nest Clubhouse at Ohio State ATI, Personnel Actions, Resolutions in Memoriam, University Development Report, Amendments to the Code of Regulations of the Ohio State University Managed Health Care Systems, Inc., Authorization for the Implementation of Administrative Rules Modernizing the University's Classified Civil Service, Approval to Enter into Feasibility Study Contract and To Enter into Design Contracts and To Enter into Construction Contracts and to Increase Construction Contracts, Easements (for OHIO POWER COMPANY, THE OHIO STATE UNIVERSITY, NEWARK REGIONAL CAMPUS, NEWARK, OHIO), Acceptance of the Report of Audit for 2006-2007, Waivers of Competitive Bidding Requirements (July-September 2007), Easement (for TIME WARNER TELECOM OF OHIO, L.L.C., WOSU TOWER - 350 W. DODRIDGE ST., COLUMBUS, OHIO), and Update on the Medical Center Master Facilities Plan. The appendices included processes, budgets, building plans, and maps that were not already present in the minutes

AED, Inc. v. KDC Investments, LLC Clerk\u27s Record v. 2 Dckt. 38603

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