Law Commons^™

In The Beginning: Foundations Of A Successful Deanship, Neil Fulton

Lincoln Memorial University Law Review Archive

The job of a modern law school dean is demanding and complex. Decanal tenures are increasingly short. Those who take on the work of being a law school dean are asked to accomplish a great deal in a short period of time. As a result, the first year of any decanal tenure is vital. The lessons of experience learned by many deans and foundational ideas of leadership scholars provide guideposts for new deans to chart a course through their first year. This essay explores those ideas for new deans to consider and implement in their own way.

A New Morning In Higher Education Collective Bargaining, 2013-2019, William A. Herbert

Publications and Research

This book chapter appears in Julius, D. J. (ed.), Collective Bargaining in Higher Education: Best Practices for Promoting Collaboration, Equity, and Measurable Outcomes (Routledge, New York and London). The chapter analyzes and contextualizes data concerning the growth in unionization and collective bargaining involving faculty, postdoctoral scholars, and graduate assistants from 2013 to 2019, the period between the economic fallout from the Great Recession and the consequences of the COVID-19 pandemic. It discusses the democratic values underlying collective bargaining and the historical and legal development of unionization at public and private institutions over the decades. It identifies three significant new trends …

Graduate Student Employee Unionization In The Second Gilded Age, William A. Herbert, Joseph Van Der Naald

Publications and Research

In debates on the future of work, a common theme has been how work became
less secure through the denial of employee status. Though much of the attention
has focused on other industries, precarity has also affected those working in
higher education, including graduate student employees, contributing to what is
now called the “gig academy.” While universities have reassigned teaching and
research to graduate assistants, they have also refused to recognize them as
employees. Nevertheless, unionization has grown considerably since 2012, most
significantly at private institutions. Utilizing a unique dataset, this chapter
demonstrates that between 2012 and 2019, graduate student …

May The Odds Be Ever In Your Favor: How The Tax Cuts And Jobs Act Fortified The Great Wealth Divide, Phyllis Taite

Pepperdine Law Review

Have Americans become so desensitized to inequality that we have morphed into a state of dystopia, and vast inequalities have become normalized? Discussions of dystopia typically describe acts of oppression, tyranny, inequality, and an overall undesirable societal state. Dystopia analysis also requires a hard look at societal values to determine ways to avoid adverse outcomes that vast inequalities may produce. By identifying the undesirable outcome, there is an opportunity to avoid or reverse it by enacting laws to combat inequalities. The Hunger Games is a fictional tale of wealthy society members enjoying the rewards of high society while using the …

Intent, Inequality, And The Berlin Walls Of The Mind, Bobby L. Dexter

Pepperdine Law Review

Although acknowledging that various provisions in the Tax Cuts and Jobs Act of 2017 appear responsive to normative arguments presented in tax literature, this article posits that, true to its core intent, the law aggressively advanced the persistent effort to shift the tax burden away from the nation’s wealthiest citizens to the great bulk of taxpayers of more modest financial means. Thus, those with political power successfully employed the tax law to protect, preserve, and enhance prevailing wealth and income inequality. With the election of President Joe Biden and the assumption of Democratic control in both chambers of Congress, however, …

Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …

Academic Espionage: How International Trade Law Can Protect Higher Education, Cameron Keen

Georgia Journal of International & Comparative Law

No abstract provided.

Critiquing Instrumentalism In High Education: Lessons From Teaching As A Meditative Inquiry, Ashwani Kumar, Nayha Acharya

Articles, Book Chapters, & Popular Press

In this conceptual and self-reflective essay, the authors begin from the premise that the contemporary higher educational institutions in Canada and many other parts of the world have increasingly tended to focus on instrumental teaching, rooted in neoliberal and capitalist ideals of societal progress through economic development. The result is that higher education centralizes making students career ready, rather than the holistic development of the student. Critical of this, Ashwani Kumar (professor of Education) and Nayha Acharya (professor of Law), undertake a collaborative effort to discuss how Kumar’s theoretical and practical concept of teaching as meditative inquiry can be an …

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 …

Tax Benefits, Higher Education And Race: A Gift Tax Proposal For Direct Tuition Payments, Bridget J. Crawford, Wendy C. Gerzog

Elisabeth Haub School of Law Faculty Publications

This Article combines three topics--taxes, higher education, and race--to evaluate the tax system's role in exacerbating racial inequalities. Part II frames the discussion with a brief overview of the economics of higher education: how much it costs, how much debt the average student incurs to afford it, and how that debt burden varies by race. Part III describes the major income and wealth transfer tax benefits for higher education, including I.R.C. § 2503(e)'s exclusion of direct tuition payments from gift tax. Part IV demonstrates how this gift tax exclusion disproportionately benefits white families already more likely to avail themselves …

The Impact Of Lease Financing In The Benefits Of Education In Islamic Jurisprudence., Walid Shawish

UAEU Law Journal

Higher education represents an essential need for society, enabling its comprehensive revival. Furthermore, money forms the foundation upon which people’s worldly lives are based, affirming the meaning of the Quranic verse: “Al Nisaa”:5. In fact, money only becomes worthwhile when it contributes to providing an education to its seekers, especially higher education as it the means of elevating the nation and lead it from darkness to enlightenment.

To achieve the noble goals of financing education and benefit all involved parties - the university, financial institute and the student - appropriate investment modes should exist. The researcher shows that the ijarah …

Concealing In The Public Interest, Or Why We Must Teach Secrecy, Susan Maret

Secrecy and Society

Secrecy as the intentional or unintentional concealment of information is the subject of investigation within the humanities, social sciences, journalism, law and legal studies. However, the subject it is not widely taught as a distinct social problem within higher education. In this article, I report personal experience with developing and teaching a graduate level course on a particular type of secrecy, government secrecy, at the School of Information, San Jose State University. This article includes discussion on selecting course materials, creating assignments, and navigating controversial histories. This article also sets the stage to this special issue of Secrecy and Society …

Inside The Master's Gates: Resources And Tools To Dismantle Racism And Sexism In Higher Education, Susan Ayres

Faculty Scholarship

The spring of 2020 saw waves of protest as police killed people of color. After George Floyd’s death, protests erupted in over 140 cities. The systemic racism exhibited by these killings has been uncontrollable, hopeless, and endless. Our country is facing a national crisis. In response to the police killings, businesses, schools, and communities held diversity workshops across the nation, and businesses and organizations posted antiracism statements. Legislators and City Councils introduced bills and orders to defund police and to limit qualified immunity. As schools prepared for the fall semester, teachers considered ways to incorporate antiracism materials into the curriculum. …

How The State And Federal Tax Systems Operate To Deny Educational Opportunities To Minorities And Other Lower Income Students, Camilla E. Watson

Scholarly Works

The importance of education cannot be overstated. Education is a core principle of the American Dream, and as such, it is the ticket to a better paying job, homeownership, financial security, and a better way of life. Education is the key factor in reducing poverty and inequality and promoting sustained national economic growth. But while the U.S. Supreme Court has referred to education as "perhaps the most important function of the state and local governments," it has nevertheless stopped short of declaring education a fundamental right guaranteed under the Constitution. As a consequence, because education is not considered a fundamental …

Move: We Don't Need To Convince You That Our Oppression Is Real, Dr Frederick V. Engram Jr

The Vermont Connection

This article will address the lived experiences of Black people (faculty, staff, students, student-athletes) who navigate academia in majority white spaces. Black people have known throughout time that the Black voice is not valued. We constantly find ourselves embattled in our personal lives, at work, and on social media. The constant and incessant need for whiteness to tell us how we should feel, respond, and react to acts of white supremacy, white manning, sexism, and misogynoir are triggering. The system of higher education is a constant reminder that academia exists comfortably in a bubble. A bubble that unless you are …

Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado

Scholarly Works

No abstract provided.