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Articles 1 - 9 of 9

Full-Text Articles in Law

Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro Apr 2021

Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro

Office of Legal Counsel Academic Publications

Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression …


Higher Ed "Do Not Resuscitate" Orders, Matthew Adam Bruckner Jan 2017

Higher Ed "Do Not Resuscitate" Orders, Matthew Adam Bruckner

Kentucky Law Journal

Congress has effectively precluded all institutions of higher education from reorganizing in the bankruptcy courts because it was concerned about exploitative profiteers opening fly-by-night colleges, defrauding students, and then finding refuge in bankruptcy. This choice harms students, employees, creditors, and communities. As such, this Article advocates that Congress should reverse its decision and allow IHEs to reorganize in bankruptcy without losing access to federal student loan and grant programs. To support this argument, this Article contrasts the bankruptcy treatment of healthcare enterprises to that of higher education enterprises. In doing so, this Article builds on my own prior work and …


Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein Jan 2014

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.


The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander Jan 2003

The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander

Kentucky Law Journal

No abstract provided.


The Attorney-Client And Work Product Privileges: The Case For Protecting Internal Investigations On The University Campus, Virginia H. Underwood, Richard H. Underwood Jan 2002

The Attorney-Client And Work Product Privileges: The Case For Protecting Internal Investigations On The University Campus, Virginia H. Underwood, Richard H. Underwood

Kentucky Law Journal

No abstract provided.


Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt Jan 1996

Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring Jan 1996

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring

Kentucky Law Journal

No abstract provided.


The Use Of Audited Self-Regulation As A Regulatory Technique, Douglas C. Michael Apr 1995

The Use Of Audited Self-Regulation As A Regulatory Technique, Douglas C. Michael

Law Faculty Scholarly Articles

At first blush, "self-regulation" seems to be self-contradicting. If government regulation of an industry or problem is considered necessary, how can that responsibility then be returned to those from whom it was taken? Notwithstanding this apparent contradiction, audited self-regulation is used successfully by federal regulatory agencies. It is apparently adopted, however, on an ad hoc basis: in one industry or application but not in another that possesses similar characteristics. This article reviews these previously uncollected efforts at audited self-regulation to evaluate the general usefulness of this regulatory technique across industries and applications. These insights would be relevant not only to …


Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca Hanner White Jan 1979

Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca Hanner White

Kentucky Law Journal

No abstract provided.