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Cauthen, Cramer R. – 1995
Despite Stanley Fish's assertion that the interpretive communities basic to his theory of literary and legal interpretation are "engines of change," it seems clear that in Fish's conception of change, "plus ca change, c'est plus la meme chose." In particular, Fish denies that the legal profession can achieve the more…
Descriptors: Court Litigation, Decision Making, Higher Education, Ideology
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Baldwin, Gordon B. – Library Trends, 1996
Argues that the Library Bill of Rights aims to codify First Amendment doctrine and the interests of librarians but falls short. Law allows distinctions between government and private action and reaffirms the discretion of decision makers. The Library Bill of Rights, as shown in discussion of several court decisions, is often far more rigid.…
Descriptors: Administrator Role, Censorship, Civil Law, Civil Liberties
Morrison, Linda – 1991
Traditional efforts to reform education have not succeeded because the education system has resisted major change. Achieving meaningful reform will require educational restructuring, and this restructuring will have to be based on competition, which is a basic fact of every other profession. For this reason, many states are moving to adopt…
Descriptors: Accountability, Competition, Decision Making, Educational Change
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Daly, Karen C. – Journal of Law and Education, 2001
Discusses how using "Pickering v. Board of Education" or "Hazelwood School District v Kuhlmeier" as precedents in cases involving classroom speech by teachers has fostered court inconsistency. Proposes a judicial standard that emphasizes adequate notice to teachers when certain speech is proscribed and scrutinizes school-board…
Descriptors: Academic Freedom, Board of Education Policy, Classroom Techniques, Court Litigation