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Inlaid-Ivory Towers: Higher Education Joint-Use Facilities As Community Redevelopment Bulwarks, Michael N. Widener
Inlaid-Ivory Towers: Higher Education Joint-Use Facilities As Community Redevelopment Bulwarks, Michael N. Widener
Pace Law Review
This paper describes an unusual public-private partnership for real property development not involving typical infrastructure like bridges and roads. It addresses how communities like Mesa manage their way (adopting policies implicating land use and environmental sustainability principles via repurposing of buildings and sharing of additional community assets and “campus” leasing actions) to attract private sector higher education providers to establish a downtown as a node of intellectual stimulation, including cultural diversions. Etching the ivory tower environment into community centers sustains the quality of place. This quality attracts the “creative class,” which forms the core of leadership and entrepreneurship in America’s …
The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield
The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield
Elisabeth Haub School of Law Faculty Publications
This article proceeds in three parts. In Part I of this article, I provide a narrative of affirmative action jurisprudence in higher education, with a particular focus on the meaning of viewpoint diversity in higher education. This section tracks the definitional shift in preference policies from their original design as remedial and compensatory programs for those suffering the effects of educational discrimination to interest convergence programs, which assure equal benefits irrespective of race. In Part II, I explore the circumstances giving rise to Fisher, including an overview of the lower court decisions. This section presents a discussion of the likely …
No Jokes About Dope: Morse V. Frederick's Educational Rationale, Emily Gold Waldman
No Jokes About Dope: Morse V. Frederick's Educational Rationale, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
This piece begins with a “protective” reading of Morse v. Frederick, showing how this rationale provides a good starting point in understanding Morse but is ultimately incomplete. Indeed, Justice Stevens’ dissent is largely an argument that the protective rationale falls short here. I then re-examine Morse from the perspective of the educational rationale and conclude that the underlying, largely unstated premise of the Morse majority is that schools—as part of teaching students about the gravity of drug use—should be able to convey disapproval of messages suggesting that drug use is a joking or trivial matter. This helps to explain why …
University Imprimaturs On Student Speech: The Certification Cases, Emily Gold Waldman
University Imprimaturs On Student Speech: The Certification Cases, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
The Article begins in Part I by describing these three student speech cases and then examining what makes them a distinct category within the larger student speech landscape. As I discuss, the student speech framework was largely developed by the Supreme Court in the K-12 public school context. Conflicts over student speech in universities, in turn, have generally centered on the extent to which the K-12 framework should carry over to the higher education context, given the greater independence and maturity of university students. Recent cases about universities' ability to control student publications, for example, fall into this mold, with …