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Articles 31 - 60 of 194
Full-Text Articles in Education
Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown
Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown
Montview Journal of Research & Scholarship
In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative …
The Future Of Lower-Income Students In Higher Education: Rethinking The Pell Program And Federal Tax Incentives, Camilla E. Watson
The Future Of Lower-Income Students In Higher Education: Rethinking The Pell Program And Federal Tax Incentives, Camilla E. Watson
Florida State University Law Review
As the costs of higher education have soared, the value of Pell Grants has declined, making it more difficult for lower-income students to obtain an education without being hopelessly mired in debt. This Article proposes a new system of federal funding for higher education that would require a redirection of a portion of the funds from the Pell program and a reformation of the federal tax incentives for higher education to provide free community college/vocational school for lower- and middle-income students, without the need to raise additional taxes. This Article also addresses problems that such a proposal would raise, such …
Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison
Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison
Journal of College Access
Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
Journal of Collective Bargaining in the Academy
This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of …
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert
Publications and Research
This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …
Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin
Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin
Pell Scholars and Senior Theses
Ever since the removal of Affirmative Action in California from Proposition 209, the UC system has struggled with increasing the enrollment numbers of underrepresented minorities on their campuses. In response to this, many of the UC schools are adopting different policies to help counteract the negative effects of Proposition 209. This paper examines the effects of Proposition 209 on the underrepresented minority population in the UC system, specifically focusing on the University of California, Irvine (UCI). The areas of focus for addressing the issues of Proposition 209 at UCI are outreach programs, admissions policies, and recruitment programs. This paper examines …
Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons
Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons
Biennial Conference: The Social Practice of Human Rights
Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices.
Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …
Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons
Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons
Joel Pruce
Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices. Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …
The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert
The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert
Publications and Research
This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …
Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan
Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan
Nevada Law Journal
No abstract provided.
On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport
On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport
Nevada Law Journal
No abstract provided.
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Touro Law Review
No abstract provided.
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
All Faculty Scholarship
This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …
Standardized Testing, Learning, And Meritocracy: A Reply To Professor Dan Subotnik, Harvey Gilmore
Standardized Testing, Learning, And Meritocracy: A Reply To Professor Dan Subotnik, Harvey Gilmore
Touro Law Review
No abstract provided.
Seeing Higher Education And Faculty Responsibility Through Richard Matasar's Critiques Of Law Schools: College Completion, Economic Viability, And The Liberal Arts Ideal In Higher Education, John Valery White
Scholarly Works
Professor John Valery White argues that the crisis in higher education has been framed around discomfort with and critiques of changes that have taken place in the last few decades as universities grew and became more complex, and more expensive. These arguments raise valid and significant concerns about higher education and its subcomponents like legal education but on the whole have missed the true challenge to higher education of recent years. He argues that the significant current policy push to improve college attainment has led to the loss of academic authority and leadership by higher education institutions, their administrators, and …
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan
All Faculty Scholarship
This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …
Rick's Taxonomy, Mary Crossley
Rick's Taxonomy, Mary Crossley
Articles
This Essay uses the influential educational work Bloom’s Taxonomy as a jumping-off point for exploring how Rick Matasar’s scholarship relating to leadership in and the goals of legal education provides a guide for identifying, prioritizing and pursuing the core values and objectives of the legal education enterprise in a time of profound change. This Essay briefly describes Bloom’s Taxonomy and its status in the educational literature. Then it highlights two ways that Matasar’s leadership scholarship displays kinship to Bloom’s Taxonomy. His approach to describing a problem, analyzing its nature, and synthesizing and evaluating possible responses to the problem is …
The Trouble With 'Bureaucracy', Deborah L. Brake
The Trouble With 'Bureaucracy', Deborah L. Brake
Articles
Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …
Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer
Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer
All NMU Master's Theses
How higher education institutions (HEI) handled sexual misconduct cases matters. It matters for survivors, accused, administrators, parents, HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change to utilize a low burden of proof, preponderance of evidence, was and is controversial. Despite a large literature base of legal opinions on the use of preponderance of evidence in the campus adjudication process, there are few …
Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny
Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny
Articles
This article presents findings from a survey of professional workers in the institutes of technology sector in Ireland regarding work-related stress. The research instrument was based on a work-related stress questionnaire developed by the UK Health and Safety Executive, augmented with a specific subset of questions relevant to the Irish higher education sector. The questionnaire format was modified to enable online delivery. It was distributed to a sample population in 2014 with a response rate over 30% (n=1,131). The research provides baseline data on work-related stress levels experienced by workers in this sector. The results associate increased levels of risk …
Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst
Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst
The Hilltop Review
Social media has certainly evolved and continues to do so with each new day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. In the following years since its inception, social media has captured a significant amount of time of individuals in every aspect of their lives. However, with this advancement also comes possible conflict in how companies and departments within a university or college setting conduct background checks. Social media makes public profiles an easy click away and many potential job seekers may not see the problems that …
Faculty Perceptions Of The Adoption And Use Of Clickers In The Legal Studies In Business Classroom, Denise M. Farag, Susan Park, Gundars Kaupins
Faculty Perceptions Of The Adoption And Use Of Clickers In The Legal Studies In Business Classroom, Denise M. Farag, Susan Park, Gundars Kaupins
Management Faculty Publications and Presentations
The use of clickers in the classroom can improve student engagement and motivation. However, few studies have been conducted on faculty opinions of the use of clickers. This paper measures clicker use amongst legal studies in business faculty and investigates perceptions and factors associated with adoption of clickers in the discipline. Survey results indicate that most legal studies in business faculty have either never or rarely use clickers, and very few faculty members in the discipline use clickers regularly. Instructors perceive clickers to improve teaching, but may be reluctant to adopt them because of time constraints.
Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein
Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein
Kentucky Journal of Higher Education Policy and Practice
This case study examines the public policy process in New Jersey and how it influenced the distribution of American Recovery and Reinvestment Act (ARRA) funds for higher education. New Jersey originally proposed to appropriate ARRA funds only to state-administered financial-aid programs in the FY2010 budget. Applying Kingdon’s (2003) public policy framework, this study explains how higher education advocates provided feedback, presented a successful alternative, and secured $39.6 million for public college and universities.
Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert
Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert
William A. Herbert
The National Center for the Study of Collective Bargaining in Higher Education and the Professions (National Center) is a four-decade old institution that is supported by and located at Hunter College, City University of New York. The National Center was founded in the wake of the granting of collective bargaining rights by various states and localities to public employees including higher education faculty members and shortly after the National Labor Relations Board (NLRB) asserted jurisdiction over private institutions of higher education. Consistent with its mission, the National Center intends to be an engine for rekindling, incubating and promoting research and …
Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg
Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg
Ronald G. Ehrenberg
[Excerpt] CSWEP has long been concerned about the underrepresentation of women in faculty positions at major research universities. I have been charged by the committee with enumerating a set of policies that might enhance the attractiveness of research universities to female faculty. After presenting some data that suggest the magnitude of the underrepresentation problem, I do so below. In each case, I sketch the pros and cons of the policy. Although the focus is on increasing the attractiveness of research universities to female faculty, many of the policies would increase the attractiveness of academic careers per se to new female …
Nova Lawyer: 2012-2013 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center
Nova Lawyer: 2012-2013 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center
Nova Lawyer
No abstract provided.
Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris
Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
Reforming Legal Education: Law Schools At The Crossroads, Debra Curtis, David Moss
Reforming Legal Education: Law Schools At The Crossroads, Debra Curtis, David Moss
Faculty Scholarship
In today's volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession. It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective …
Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson
Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson
The University of New Hampshire Law Review
[Excerpt] “In many ways, the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling, and perhaps more consequential, than its fabulist forbearers. In this regard the marketing of legal education may aptly be illustrated by fable, such as that of The Trees and the Bramble Bush, which concerns the folly of electing a king. When some beautiful trees decide to look for a leader, they offer the throne to the olive, the fig and the vine; each in turn refuses, preferring to keep to its own fruitful role. The bramble steps …