Recent scholarship from the college of law faculty.
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New Faculty Publications – Winter 2025
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between October 1, 2024 and December 31, 2024.
Angela Banks, A Human Rights Approach to Membership and Belonging in Nordic Perspectives on Human Rights Education (Audrey Osler & Beate Goldschmidt-Gjerløw eds., Routledge 2024)
One fundamental task that all states must address is who are the members of the state. State membership dictates what rights an individual has vis-à-vis the state and what responsibilities an individual has to the state. The traditional…
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Difference between a 504 and an IEP and how do they affect the student
504 vs IEP A 504 Plan provides accommodations, services and/or aids to
students with a disability (as that term is defined under the Americans with
Disabilities Act Amendments Act) to afford the student equal opportunities to
participate in school activities and receive the same instruction as
nondisabled peers, but they do not require special education. Accommodations
may include extra time for the same assignments as their peers, a separate
quiet room to take the same test as their peers, large type for reading the same
instructional material, or ramps to physically access the same classroom. An
IEP is…
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Can a school attorney attend an IEP meeting if the parent attorney does not?
Excerpted from an interview of attorney Hope Kirsch to LRP:Parent attorney isn’t coming to IEP meeting, but school attorney is? Watch your stepThe case manager has all the documents ready and is just a couple of hours away from beginning the IEP meeting. Then the parent attorney calls to say she can’t make it to the meeting.Can the IEP team and school attorney continue with the meeting, despite the parent attorney’s absence?The Office of Special Education Program’s position is to “strongly discourage” attorney attendance at IEP meetings in general. Notwithstanding any strict reading of the law, “an attorney’s…
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The Laws Impacting Students with Disabiities
The key federal laws that affect students with disabilities are the Individuals w/ Disabilities Education Act (IDEA), Sec 504 of the Rehab Act of 1973 as amended (Section 504) and the Americans w/ Disabilities Act (ADA).Three federal laws address the obligation of public district
schools and charter schools to meet the needs of students with
disabilities. These three key laws that
affect students with disabilities are the Individuals with Disabilities
Education Act (IDEA), Sec 504 of the Rehab Act of 1973 as amended (Section 504)
and the Americans with Disabilities Act (ADA). These are federal statutes. Federal statutes are enacted…
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What if my child is gifted?
The child who is gifted and requires special education and
related services is known as “2E,” meaning “twice exceptional.” A child is gifted if the child’s IQ is at
least 130, the 97th percentile.
The mere fact that a student is gifted does not disqualify him or her
from eligibility for special education and related services under the IDEA. A student who needs special education because
of a qualifying disability retains his or her rights under the IDEA, even if
the student is intellectually gifted. See Letter to Anonymous, (OSEP 2010) (stating that a
gifted student with Asperger…
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Special Education eligibility categories in Arizona
A.R.S. § 15-761(2)(a)
(i) Autism (A)
(ii) Developmental
delay (DD) (until age 9 years)
(iii) Emotional
disability (ED)
(iv) Hearing
impairment (HI)
(v) Other health
impairments (OHI)
(vi) Specific
learning disability (SLD)
(vii) Mild, moderate
or severe intellectual disability (MID, MOID, SID)
(viii) Multiple disabilities (MD)
(ix) Multiple
disabilities w/ severe sensory
impairment (MDSSI)
(x) Orthopedic
impairment (OI)
(xi) Preschool
severe delay (PSD)
(xii)
Speech/language impairment (SLI)
(xiii) Traumatic
brain injury (TBI)
(xiv) Visual
impairment (VI)
However, disability condition is only first step of two step
process. The child must also need
special education, that is, specially designed instruction (SPECIALLY
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New Faculty Publications – Fall 2024
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between July 1, 2024 and September 30, 2024.
Dan Bodansky, Four Treaties in One: The Biodiversity Beyond National Jurisdiction Agreement, 118 American Journal of International Law 299 (2024)
Combine and conquer. That was the strategy of those seeking to develop an international regime to address marine biological diversity found in areas beyond national jurisdiction—areas that constitute half of the world’s surface and a much greater proportion of its habitable volume.
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New Faculty Publications – Summer 2024
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between April 1, 2024 and June 30, 2024.
Kenneth W. Abbott & Thomas J. Biersteker eds., Informal Governance in World Politics (Cambridge University Press 2024)
Throughout the nineteenth and twentieth centuries, cooperation among nations was based on international regimes and formal intergovernmental organizations. However, since the 1990s, informal modes of global governance, such as informal intergovernmental organizations and transnational public-private governance initiatives, have proliferated. Even within formal intergovernmental organizations, informal means…
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Summer 2024 and Post-Graduation Use of Lexis, Westlaw, Bloomberg Law
The Law Library provides you with unlimited access to a number of premium resources while you are in school and even after you graduate. But it’s important for you to know that your access may change during the summer or if you graduate. You may face limitations while using these platforms for non-academic work, such as representing clients in a commercial law firm.
Summary of Legal Research Platform Access
ServiceSummer AccessPost-Graduation AccessImportant NotesBloomberg LawUnrestricted access (academic or commercial use).6 months after graduation.Lexis Unrestricted access (academic or commercial use).6 months after graduation. Can apply for 12 months of access if working…
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New Faculty Publications – Spring 2024
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between January 1, 2024 and March 31, 2024.
Dan Bodansky & Harro van Asselt, The Art and Craft of International Environmental Law (2nd ed., Oxford University Press 2024)
In countless ways we are affected by international environmental norms: some social, others legal; some quite general, others very specific. For example, the norms limiting the refrigerants used in air conditioners have been agreed upon in legal form internationally, and are mandated and…
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Ross-Blakley Law Library Award for Exemplary Student Research
Are you a 2L, 3L, MLS, or LLM student at the Sandra Day O’Connor College of Law? Submit your scholarly research paper by 9:00 a.m. on Monday, March 25, 2024, to be considered for the Exemplary Student Research Award! First place is awarded $500.00, and second place is awarded $250.00.
For more information, including eligibility, submission requirements, selection criteria, and application procedure, visit this page.
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New Faculty Publications – Winter 2024
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between October 1, 2023 and December 31, 2023.
Jessica Berch & Daniel J. Capra, It’s a Code: Amending the Federal Rules of Evidence to Achieve Uniform Results, 58 Wake Forest Law Review 549 (2023)
This Article identifies, explores, and attempts to resolve nine conflicts that have arisen in the federal courts regarding the proper interpretation and scope of the Federal Rules of Evidence. For each conflict, we set forth the…
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New Faculty Publications – Fall 2023
This bibliography comprises scholarly books, book chapters, and journal articles published or accepted for publication by full-time, emeritus, and retired faculty of the Sandra Day O’Connor College of Law between July 1, 2023 and September 30, 2023.
Dan Bodansky, Advisory opinions on climate change: Some preliminary questions, 32 Review of European, Comparative & International Environmental Law 185 (2023)
The recent requests for advisory opinions from the International Court of Justice, the International Tribunal for the Law of the Sea and the Inter-American Court of Human Rights are understandable, given the slow pace of the climate change negotiations. But are…
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Coffee with the Law Librarians
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