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Our Courts - Homepage - 6 views

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    A free computer game for teenagers created with the help of former Supreme Court Justice Sandra Day O'Connor has made its online debut. "Supreme Decision," the first of several planned web-based games, went online in August as part of a project called Our Courts. In it, students can play a Supreme Court law clerk helping a justice with a tie-breaking vote over a First Amendment case. Backed by the Sandra Day O'Connor College of Law at Arizona State University and Georgetown University, the Our Courts project is designed to teach middle school students about the Constitution and the courts. O'Connor, the first woman to serve on the Supreme Court, has said more people can name an "American Idol" judge than the three branches of government. Besides teaching about civics, she hopes the Our Courts project will help students learn how to analyze problems and develop arguments. In "Supreme Decision," students play a law clerk and must help fictional Justice Irene Waters write the majority opinion on whether a school can ban students from wearing music band T-shirts. Another game, called "Do I Have a Right," will be released soon. In that game, students will play the director of a constitutional law firm who must decide which amendment resolves a problem posed by a client.
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Health Care Ruling: How Court Rose Above Partisan Politics | TIME.com - 0 views

    • Randy Cambou
       
      Read the Article on the Decision of the Court that is linked here as well
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    Supreme Court Reading Highlighting the Court Decision on Health Care.  Click on the links within the article (Especially the sections on Time's complete coverage of the Health Care Act.)
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Legislation and Common Law Impacting Assessment Practices in Music Education - Oxford H... - 1 views

  • Russell and Austin (2010) have claimed that in music education, a system of benign neglect in assessment practices has been allowed to endure, even though there has (p. 4) been a long-term, consistent call for reform, for more meaningful assessments, and for policymakers to adapt to laws as they are enacted and court rulings as they are handed down.
  • ead to the growing body of scholarship in educational law, the evolving and more active role courts are taking in impacting educational practices,
  • chapter is to inform music teachers about contemporary court cases that have resulted in rulings on assessment issues in educational settings, and how these rulings impact assessment in the music classroom.
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  • in teacher preparation programs and in professional development activities so that students and in-service music educators will better be able to negotiate the increasingly litigious educational world
  • egal issues facing music educators remain one of the least important topics of conversation for preservice music educators.
  • how active they have been willing in inserting their decisions in school-based assessment policy.
  • Historically, courts have been somewhat deferential to school leaders and have not been willing to hear too many cases dealing with educational law and assessment.
  • Based on this decision, courts would be more likely to defer to school leaders in making their final rulings.
  • distinguish issues are purely academic from those that are purely disciplinary.
  • s. Three basic factors must exist for constitutional due process to exist: a student must have proper notice, a student must be given the chance to be heard, and the hearing should be conducted in a fair manner
  • The court decided that denying a student of education, regardless of the amount of time, could not be considered an inconsequential thing and claimed that a person’s right to education was equitable to the rights to liberty and property. In the majority decisions, the Supreme Court justices argued:
  • The US Supreme Court’s decision in Goss created the opportunity for students, parents, and their representatives to challenge not only disciplinary suspensions and expulsions but also other decisions by school officials that may affect liberty or property rights, including grades and grading policies.
  • that of courts taking a more active role and deferring less often to school leaders.
  • Because of these high stakes (real or imagined),
  • little more than attendance and participation, others feel that grades must represent academic achievement and that “allowing non-academic factors to affect academic grades distorts the truth about students’
  • however, because music is addressed minimally in these laws, their enactment has had minimal direct impact on music educators’ assessment practices.
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Hate Speech and Hate Crime | Advocacy, Legislation & Issues - 3 views

  • There is no legal definition of "hate speech" under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn. Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin. 1 In the United States, hate speech is protected by the First Amendment. Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear. (The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group. Hate Crime For the purposes of collecting statistics, the FBI has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,” including skin color and national origin.  Hate crimes are overt acts that can include acts of violence against persons or property, violation or deprivation of civil rights, certain "true threats," or acts of intimidation, or conspiracy to commit these crimes. The Supreme Court has upheld laws that either criminalize these acts or impose a harsher punishment when it can be proven that the defendant targeted the victim because of the victim's race, ethnicity, identity, or beliefs.  A hate crime is more than than offensive speech or conduct; it is specific criminal behavior that ranges from property crimes like vandalism and arson to acts of intimidation, assault, and murder.  Victims of hate crimes can include institutions, religious organizations and government entities as well as individuals.
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    "Hate Speech There is no legal definition of "hate speech" under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn. Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin. 1 In the United States, hate speech is protected by the First Amendment. Courts extend this protection on the grounds that the First Amendment requires the government to strictly protect robust debate on matters of public concern even when such debate devolves into distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear. (The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group. Hate Crime For the purposes of collecting statistics, the FBI has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity," including skin color and national origin.  Hate crimes are overt acts that can include acts of violence against persons or property, violation or deprivation of civil rights, certain "true threats," or acts of intimidation, or conspiracy to commit these crimes. The Supreme Court has upheld laws that either criminalize these acts or impose a harsher punishment when it can be proven that the defendant targeted the victim because of the victim's race, ethnicity, identity, or beliefs.  A hate crime is more than than offensive speech
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What the Web Said Yesterday - The New Yorker - 42 views

  • average life of a Web page is about a hundred days
    • Kent Gerber
       
      Where does this statistic come from?
  • Twitter is a rare case: it has arranged to archive all of its tweets at the Library of Congress.
  • Sometimes when you try to visit a Web page what you see is an error message: “Page Not Found.” This is known as “link rot,”
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  • Or maybe the page has been moved and something else is where it used to be. This is known as “content drift,”
  • For the law and for the courts, link rot and content drift, which are collectively known as “reference rot,” have been disastrous.
  • According to a 2014 study conducted at Harvard Law School, “more than 70% of the URLs within the Harvard Law Review and other journals, and 50% of the URLs within United States Supreme Court opinions, do not link to the originally cited information.”
  • one in five links provided in the notes suffers from reference rot
  • 1961, in Cambridge, J. C. R. Licklider, a scientist at the technology firm Bolt, Beranek and Newman, began a two-year study on the future of the library, funded by the Ford Foundation and aided by a team of researchers that included Marvin Minsky, at M.I.T.
  • Licklider envisioned a library in which computers would replace books and form a “network in which every element of the fund of knowledge is connected to every other element.”
  • Licklider’s two-hundred-page Ford Foundation report, “Libraries of the Future,” was published in 1965.
  • Kahle enrolled at M.I.T. in 1978. He studied computer science and engineering with Minsky.
  • Vint Cerf, who worked on ARPAnet in the seventies, and now holds the title of Chief Internet Evangelist at Google, has started talking about what he sees as a need for “digital vellum”: long-term storage. “I worry that the twenty-first century will become an informational black hole,” Cerf e-mailed me. But Kahle has been worried about this problem all along.
  • The Internet Archive is also stocked with Web pages that are chosen by librarians, specialists like Anatol Shmelev, collecting in subject areas, through a service called Archive It, at archive-it.org, which also allows individuals and institutions to build their own archives.
  • Illien told me that, when faced with Kahle’s proposal, “national libraries decided they could not rely on a third party,” even a nonprofit, “for such a fundamental heritage and preservation mission.”
  • screenshots from Web archives have held up in court, repeatedly.
  • Perma.cc has already been adopted by law reviews and state courts; it’s only a matter of time before it’s universally adopted as the standard in legal, scientific, and scholarly citation.
  • It’s not possible to go back in time and rewrite the HTTP protocol, but Van de Sompel’s work involves adding to it. He and Michael Nelson are part of the team behind Memento, a protocol that you can use on Google Chrome as a Web extension, so that you can navigate from site to site, and from time to time. He told me, “Memento allows you to say, ‘I don’t want to see this link where it points me to today; I want to see it around the time that this page was written, for example.’ ”
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    Profile of the Internet Archive and the Wayback Machine.
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Obama administration asks appeals court to toss decision that put brakes on immigration... - 2 views

  • 26 states sued in federal court and won a temporary injunction preventing the White House from mainstreaming more than 5 million illegal immigrants
  • Now the Obama administration is going over Hanen's head to the 5th Circuit Court of Appeals, demanding it overturn Hanen
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Occupy Your Brain - 111 views

  • One of the most profound changes that occurs when modern schooling is introduced into traditional societies around the world is a radical shift in the locus of power and control over learning from children, families, and communities to ever more centralized systems of authority.
  • Once learning is institutionalized under a central authority, both freedom for the individual and respect for the local are radically curtailed.  The child in a classroom generally finds herself in a situation where she may not move, speak, laugh, sing, eat, drink, read, think her own thoughts, or even  use the toilet without explicit permission from an authority figure.
  • In what should be considered a chilling development, there are murmurings of the idea of creating global standards for education – in other words, the creation of a single centralized authority dictating what every child on the planet must learn.
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  • In “developed” societies, we are so accustomed to centralized control over learning that it has become functionally invisible to us, and most people accept it as natural, inevitable, and consistent with the principles of freedom and democracy.   We assume that this central authority, because it is associated with something that seems like an unequivocal good – “education” – must itself be fundamentally good, a sort of benevolent dictatorship of the intellect. 
  • We endorse strict legal codes which render this process compulsory, and in a truly Orwellian twist, many of us now view it as a fundamental human right to be legally compelled to learn what a higher authority tells us to learn.
  • And yet the idea of centrally-controlled education is as problematic as the idea of centrally-controlled media – and for exactly the same reasons.
  • The First Amendment of the U.S. Constitution was designed to protect all forms of communication, information-sharing, knowledge, opinion and belief – what the Supreme Court has termed “the sphere of intellect and spirit” – from government control.
  • by the mid-19th century, with Indians still to conquer and waves of immigrants to assimilate, the temptation to find a way to manage the minds of an increasingly diverse and independent-minded population became too great to resist, and the idea of the Common School was born.
  • We would keep our freedom of speech and press, but first we would all be well-schooled by those in power.
  • A deeply democratic idea — the free and equal education of every child — was wedded to a deeply anti-democratic idea — that this education would be controlled from the top down by state-appointed educrats.
  • The fundamental point of the Occupy Wall Street movement is that the apparatus of democratic government has been completely bought and paid for by a tiny number of grotesquely wealthy individuals, corporations, and lobbying groups.  Our votes no longer matter.  Our wishes no longer count.  Our power as citizens has been sold to the highest bidder.
  • Our kids are so drowned in disconnected information that it becomes quite random what they do and don’t remember, and they’re so overburdened with endless homework and tests that they have little time or energy to pay attention to what’s happening in the world around them.
  • If in ten years we can create Wikipedia out of thin air, what could we create if we trusted our children, our teachers, our parents, our neighbors, to generate community learning webs that are open, alive, and responsive to individual needs and aspirations?  What could we create if instead of trying to “scale up” every innovation into a monolithic bureaucracy we “scaled down” to allow local and individual control, freedom, experimentation, and diversity?
  • The most academically “gifted” students excel at obedience, instinctively shaping their thinking to the prescribed curriculum and unconsciously framing out of their awareness ideas that won’t earn the praise of their superiors.  Those who resist sitting still for this process are marginalized, labeled as less intelligent or even as mildly brain-damaged, and, increasingly, drugged into compliance.
  • the very root, the very essence, of any theory of democratic liberty is a basic trust in the fundamental intelligence of the ordinary person.   Democracy rests on the premise that the ordinary person — the waitress, the carpenter, the shopkeeper — is competent to make her own judgments about matters of domestic policy, international affairs, taxes, justice, peace, and war, and that the government must abide by the decisions of ordinary people, not vice versa.  Of course that’s not the way our system really works, and never has been.   But most of us recall at some deep level of our beings that any vision of a just world relies on this fundamental respect for the common sense of the ordinary human being.
  • This is what we spend our childhood in school unlearning. 
  • If before we reach the age of majority we must submit our brains for twelve years of evaluation and control by government experts, are we then truly free to exercise our vote according to the dictates of our own common sense and conscience?  Do we even know what our own common sense is anymore?
  • We live in a country where a serious candidate for the Presidency is unaware that China has nuclear weapons, where half the population does not understand that Saddam Hussein had nothing to do with 9/11, where nobody pays attention as Congress dismantles the securities regulations that limit the power of the banks, where 45% of American high school students graduate without knowing that the First Amendment of the Constitution guarantees freedom of the press.   At what point do we begin to ask ourselves if we are trying to control quality in the wrong way?
  • Human beings, collaborating with one another in voluntary relationships, communicating and checking and counter-checking and elaborating and expanding on one another’s knowledge and intelligence, have created a collective public resource more vast and more alive than anything that has ever existed on the planet.
  • But this is not a paeon to technology; this is about what human intelligence is capable of when people are free to interact in open, horizontal, non-hierarchical networks of communication and collaboration.
  • Positive social change has occurred not through top-down, hierarchically controlled organizations, but through what the Berkana Institute calls “emergence,” where people begin networking and forming voluntary communities of practice. When the goal is to maximize the functioning of human intelligence, you need to activate the unique skills, talents, and knowledge bases of diverse individuals, not put everybody through a uniform mill to produce uniform results. 
  • You need a non-punitive structure that encourages collaboration rather than competition, risk-taking rather than mistake-avoidance, and innovation rather than repetition of known quantities.
  • if we really want to return power to the 99% in a lasting, stable, sustainable way, we need to begin the work of creating open, egalitarian, horizontal networks of learning in our communities.
  • They are taught to focus on competing with each other and gaming the system rather than on gaining a deep understanding of the way power flows through their world.
  • And what could we create, what ecological problems could we solve, what despair might we alleviate, if instead of imposing our rigid curriculum and the destructive economy it serves on the entire world, we embraced as part of our vast collective intelligence the wisdom and knowledge of the world’s thousands of sustainable indigenous cultures?
  • They knew this about their situation: nobody was on their side.  Certainly not the moneyed classes and the economic system, and not the government, either.  So if they were going to change anything, it had to come out of themselves.
  • As our climate heats up, as mountaintops are removed from Orissa to West Virginia, as the oceans fill with plastic and soils become too contaminated to grow food, as the economy crumbles and children go hungry and the 0.001% grows so concentrated, so powerful, so wealthy that democracy becomes impossible, it’s time to ask ourselves; who’s educating us?  To what end?  The Adivasis are occupying their forests and mountains as our children are occupying our cities and parks.  But they understand that the first thing they must take back is their common sense. 
  • They must occupy their brains.
  • Isn’t it time for us to do the same?
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    Carol Black, creator of the documentary, "Schooling the World" discusses the conflicting ideas of centralized control of education and standardization against the so-called freedom to think independently--"what the Supreme Court has termed 'the sphere of intellect and spirit" (Black, 2012). Root questions: "who's educating us? to what end?" (Black, 2012).
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    This is a must read. Carol Black echoes here many of the ideas of Paulo Freire, John Taylor Gatto and the like.
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Colleges Using Athletics to Boost Profile - Athletic Business - 1 views

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    For many students, the college experience includes game days watching athletes wearing the school colors take the field or court. But in today's environment of rising costs, soaring student debt and declining enrollment, college and university leaders are sometimes finding they have to explain the need for what has become an "arms race" among athletic departments. The argument might be made that much of the money that is required to keep college athletic teams going comes from ticket sales and outside sources such as alumni contributions. The other side of that coin is that some of the cost is borne by students, even those with no interest in sports. In the case of private institutions, it is up to school officials to decide whether the expense is worthwhile. The public has an obvious and greater role in the determination of the role and funding of sports in state institutions.
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The Code of Best Practices in Fair Use for Media Literacy Education - 60 views

  • when they occur within a restricted-access network, do enjoy certain copyright advantages
  • we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment
  • Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? • Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
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  • If the answers to these two questions are "yes," a court is likely to find a use fair
  • whether the use will cause excessive economic harm to the copyright owner
  • the purpose of copyright—to promote the advancement of knowledge through balancing the rights of owners and users.
  • In some cases, this will mean using a clip or excerpt; in other cases, the whole work is needed. Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.
  • educators should provide reasonable protection against third-party access and downloads
  • educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work
  • Students’ use of copyrighted material should not be a substitute for creative effort
  • Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original.
  • but cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity
  • material that is incorporated under fair use should be properly attributed wherever possible
  • attribution, in itself, does not convert an infringing use into a fair one.
  • If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
  • When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine
  • there are no cut-and-dried rules (such as 10 percent of the work being quoted, or 400 words of text, or two bars of music, or 10 seconds of video).
  • Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both
  • Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects.
  • If educators or learners want to share their work only with a class (or another defined, closed group) they are in a favorable position
  • if work is going to be shared widely, it is good to be able to rely on transformativeness
  • courts have found that asking permission and then being rejected has actually enhanced fair use claims.
  • We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process
  • Lack of clarity reduces learning and limits the ability to use digital tools. Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.
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    Good place to look for guidelines about use of media
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Canada: Facebook's 4 Big Privacy Fixes PC World - 0 views

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    Canadian courts are pushing Facebook to clarify and enforce privacy issues that we should've demanded earlier -- but we still have a wish list.
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Tom Snyder Productions: Product Details - 0 views

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    Website for Tom Snyder Productions, a Scholastic company, creator of education software for the k-12 educational market. Major products include Scholastic Keys, Thinking Reader, TimeLiner, Graph Master, Graph Club, Neighborhood MapMachine, Community Construction Kit, Decisions Decisions, Reading for Meaning, FASTT Math, GO Solve Word Problems, Science Court, Workshop Book Series
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Overview | Teaching Copyright - 0 views

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    This curriculum is designed to give teachers a comprehensive set of tools to educate students about copyright while incorporating activities that exercise a variety of learning skills. Lesson topics include: the history of copyright law; the relationship between copyright and innovation; fair use and its relationship to remix culture; peer-to-peer file sharing; and the interests of the stakeholders that ultimately affect how copyright is interpreted by copyright owners, consumers, courts, lawmakers, and technology innovators.
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EBSCOhost: Fair use of research and course packets in the classroom - 53 views

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    Discusses the limited copying of copyrighted material in teaching. USes court cases where the copying has been done at a legal copy center like Kinkos
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TCRecord: Article - 18 views

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    May a school punish students for wearing breast-cancer awareness bracelets that include the word "Boobies"? A federal court says no.
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DOJ won't help FCC fight state laws that harm municipal broadband | Ars Technica - 1 views

  • DOJ attorney told a federal appeals court last week that "Respondent United States of America takes no position in these cases."
    • Comrad Compadre
       
      Arguably one of the best lines to come out of the US DOJ
  • The DOJ's decision to stay out of the case was cheered by Randolph May, who was an FCC lawyer between 1978 and 1981. May opposes both the municipal broadband and net neutrality decisions and today runs a "free market-oriented think tank" called The Free State Foundation. He wrote that "the Department of Justice's curt statement advising the court that it takes no position in the appeal of the FCC's preemption of state laws restricting local government broadband networks is very curious. As someone who served as FCC Associate General Counsel, I can tell you this is a very rare occurrence."
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How great leaders inspire action | Simon Sinek - YouTube - 30 views

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    Uploaded on May 4, 2010 http://www.ted.com Simon Sinek presents a simple but powerful model for how leaders inspire action, starting with a golden circle and the question "Why?" His examples include Apple, Martin Luther King, and the Wright brothers -- and as a counterpoint Tivo, which (until a recent court victory that tripled its stock price) appeared to be struggling.
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Legal Clips » Federal district court in Mississippi rules school district did... - 2 views

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    Fascinating and helpful abstract on a ruling on if schools can address students off-campus posting and discipline students without violating the student's First Amendment Rights
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