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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
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
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
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
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
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
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
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
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
Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca Hanner White
Kentucky Law Journal
No abstract provided.