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Full-Text Articles in Law
Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer
Is There A Duty?: Limiting College And University Liability For Student Suicide, Susanna G. Dyer
Michigan Law Review
This Note argues that nonclinician administrators employed by institutions of higher education do not have a special relationship with their students such that they have a duty to act with reasonable care to prevent a foreseeable student suicide. Courts that have in recent years ruled to the contrary have done so by incorrectly basing their duty-of-care analysis on foreseeability of harm alone. With an eye toward a proper duty-of-care analysis, this Note analyzes multiple factors to reach its conclusion, including the ideal relationship between colleges and their students and the burden on and capability of colleges to protect their students …
Minority Preferences Reconsidered, Terrance Sandalow
Minority Preferences Reconsidered, Terrance Sandalow
Reviews
During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.
Rejoinder (Response To Article By William G. Bowen And Derek Bok), Terrance Sandalow
Rejoinder (Response To Article By William G. Bowen And Derek Bok), Terrance Sandalow
Articles
In The Shape of the River, presidents Bowen and Bok pronounce the race-sensitive admission policies adopted by selective undergraduate schools a resounding success. The evidence they adduce in support of that conclusion primarily concerns the performance of African-American students in and after college. But not all African-American students in those institutions were admitted in consequence of minority preference policies. Some, perhaps many, would have been admitted under race-neutral policies. I argued at several points in my review that since these students might be expected to be academically more successful than those admitted because of their race, the evidence on which …
Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld
Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld
University of Michigan Journal of Law Reform
Beginning with Lovell v. City of Griffin, the Supreme Court has consistently held the distribution of handbills to be a fundamental right under the first amendment. Since Lovell, the Court has liberally construed the concept of a public forum where first amendment rights can be properly exercised. More recently, the Court has held that schools cannot arbitrarily or absolutely regulate students' constitutional rights of expression. These three principles would suggest great protection for handbilling rights on state university campuses. A further analysis of case law indicates that broad free speech standards governing such rights exist and that the …