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Full-Text Articles in Law
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Articles
Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most narrowly, the Court might use Fisher to issue a warning, much like it did in 2009 when it sidestepped a constitutional challenge to the Voting Rights Act; under this approach, the opinion would spell out why the Justices think the diversity celebrated in Grutter v. Bollinger no longer provides sufficient justification for the use of …
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Articles
Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …
Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg
Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg
Articles
I suspect Professor Rabban is right in saying that we have more than a semantic dispute. But it is difficult to identify our areas of substantive disagreement with any precision because of a major difference in the meanings that each of us ascribes to certain key words and phrases. The essence of my argument is as follows: What I call "the traditional American conception of academic freedom" justifies professional autonomy for faculty members as a means of furthering certain academic values. But the mechanism of faculty autonomy fails to protect these traditional academic values in the contemporary context of externally …
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Articles
In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …
The Funding Of Children's Educational Costs, Douglas A. Kahn
The Funding Of Children's Educational Costs, Douglas A. Kahn
Articles
A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.
A Statement To The Alumni, Henry M. Bates
A Statement To The Alumni, Henry M. Bates
Articles
Plans are now complete for the demonstration by Michigan alumni of their loyalty to and interest in their Alma Mater. Michigan has never before called upon all of her former students to help her in any great movement for the benefit of the entire University. It has required some all comprehending movement like the Union to afford this opportunity, but now the time and the opportunity are at hand, when Michigan men may put their shoulders to the wheel and carry through a project, which "Prexy" Angell, President Hutchins, the Board of Regents, the Senate Council and the Alumni Association …
Law As A Culture Study, Edson R. Sunderland
Law As A Culture Study, Edson R. Sunderland
Articles
That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …
What Is The Michigan Union?, Henry M. Bates
What Is The Michigan Union?, Henry M. Bates
Articles
The fundamental idea upon which the University of Michigan Union is formed is the invention or conception of no one individual or group of individuals. The inevitable product of inherent and universal human traits and aspirations, developed and intensified by local conditions, the Union is based upon an idea; it is compelled by forces which are imperative, persistent and irresistible, which will not be denied, but which must ultimately result in some realization of the hopes and plans of practically all of Michigan's constituency. This idea found expression in somewhat definite form in plans proposed at least eight years ago; …
What Shall The Union Club House Be?, Henry M. Bates
What Shall The Union Club House Be?, Henry M. Bates
Articles
In the October issue of The Alumnus, Mr. William N. Brown raises the question, whether, if the Memorial Committee should depart from its original plan to erect such a memorial building as was at first contemplated, and incorporate into its scheme some of the features proposed for the Union club house, it would be wise to include any sort of restaurant department. From the beginning, the board of directors of the Union have adhered steadfastly to the opinion that a restaurant department is necessary to the complete success of its proposed club house and to the full realization of all …