Education Commons^™

Vignettes Expose Undergraduates’ Perceptions Of Consent And Sexual Assault: Implications For Sexual Assault Education, April N. Terry, Mackenzie Orchard Esq., Vivian Aranda-Hughes

Academic Leadership Journal in Student Research

Under Title IX and the 2011 Dear Colleague Letter, universities were reminded of their obligation to educate, prevent, and respond to sexual assaults and other forms of gender-based violence. The current study used a survey packet including a Rape Myth Acceptance scale, questions about related education, and a scale rating participants’ level of confidence on seven vignettes. The sample indicated participants were more likely to recognize whether consent was given than they were to recognize whether the vignette met legal standards for sexual assault. The results can provide universities with information to better individualize their sexual assault prevention efforts.

Ya'll Don't Hate White Supremacy Enough For Me: How Performative Dei Prevents Anti-Racism And Accountability In Higher Education, Dr Frederick V. Engram Jr, Katie Mayer

The Vermont Connection

Many institutions of higher learning and more specifically predominately white institutions (PWIs) have created divisions, teams, and administrative roles aimed at transforming problematic and racism-centered institutions. However, the teams and leaders almost never have true autonomy or institutional support in creating an environment not centered in whiteness or white feelings but one centered in disruption of the status quo and truly anti-racist. As scholars and practitioners, we find ourselves being requested to tailor our talks or teaching in a way that is digestible for white people. Meanwhile, students of color are being berated at athletic events, in their classes, and …

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

Georgia Journal of International & Comparative Law

No abstract provided.

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 …

Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman

BYU Education & Law Journal

Our Nation overwhelmingly supports sexual education in public

schools. A study by Siecus found that 98% of people surveyed support

sexual education in public high schools and 89% in public middle

schools. Unfortunately for some students, they will receive no sexual

education of very limited, ineffective sexual education, simply because

of where they live. Even if a student is fortunate to live in an

area which has or requires sexual education, this education may be

insufficient.

There have been countless advocates for sexual education.

With the rise of each new sexual education concern, advocates emerge

as if in waves. Most …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

In The Room Where It Happens: Including The “Public’S Will” In Judicial Review Of Agency Action, Twinette L. Johnson

Arkansas Law Review

In the context of higher education reform, the people need to be in the important rooms where the decisions are being made. One such room is the courtroom. This essay elaborates on this premise, previously written about in an article I wrote entitled, 50,000 Voices Can’t Be Wrong, But Courts Might Be: How Chevron’s Existence Contributes to Retrenching the Higher Education Act. That article was the second in a series of three articles on the retrenchment of the Higher Education Act of 1965 (“HEA”) using the William Eskridge and John Ferejohn statutory entrenchment model.

Covid Closing Down Colleges: How The Covid-19 Pandemic Accelerated Nonprofit College Closings, Patrick Baker, Paula Hearn Moore, Kaleb Byars, Christie Aden

BYU Education & Law Journal

Private nonprofit colleges have experienced an increasing amount of financial pressure over time, making it arduous to survive. Internal and external factors such as geographical challenges, lack of economies of scale, and unchecked board mismanagement have historically led to the closures. COVID-19 is accelerating the rate of these college closures. Diminishing enrollment, volatile endowments, and inoperable revenue programs are some of the reverberations the virus has caused.

Preventative measures need to exist to alleviate the risks of unforeseen crises in the future. Harsher penalties, increased scrutiny of automatic extensions, and more accurate and complete Form 990 disclosures will protect stakeholders …

Affirming The Purpose Of Affirmative Action: Understanding A Policy Of The Past To Move Toward A More Informed Future, Meagan Schantz

Sacred Heart University Scholar

The application of affirmative action policies to university admissions is a topic of ongoing controversy. This article (ex)amines the debate through an interdisciplinary lens, drawing on the fields of history, law, and ethics. The first section provides historical background on affirmative action policies, tracing how they expanded from the employment sector into higher education. Next examined are legal challenges to affirmative action in admissions, with a focus on the pivotal 1978 Bakke case. The ethical implications of affirmative action are next considered, in particular the question of how affirmative action can be applied in a way that supports disenfranchised groups …

Higher Education Experiences Of International Faculty In The U.S. Deep South, Elizabeth Omiteru, James Martinez, Rudo Tsemunhu, Eugene F. Asola

Journal of Multicultural Affairs

Immigration was one of the key issues from within the Obama administration. One focus of the administration was to retain brilliant foreign scholars who have studied in the United States (U.S). Rather than let International Faculty return to their countries after completing their programs, employers found it advantageous to retain these professionals to boost the United States workforce. Higher education was one of the government sectors that experienced an increase in the numbers of foreign nationals choosing to remain in the United States after completing their degrees. What many International Faculty may be oblivious of, and which their programs of …

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Journal of Research & Scholarship

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative …

The Future Of Lower-Income Students In Higher Education: Rethinking The Pell Program And Federal Tax Incentives, Camilla E. Watson

Florida State University Law Review

As the costs of higher education have soared, the value of Pell Grants has declined, making it more difficult for lower-income students to obtain an education without being hopelessly mired in debt. This Article proposes a new system of federal funding for higher education that would require a redirection of a portion of the funds from the Pell program and a reformation of the federal tax incentives for higher education to provide free community college/vocational school for lower- and middle-income students, without the need to raise additional taxes. This Article also addresses problems that such a proposal would raise, such …

Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison

Journal of College Access

Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of …

Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan

Nevada Law Journal

No abstract provided.

On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport

Nevada Law Journal

No abstract provided.

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.

Standardized Testing, Learning, And Meritocracy: A Reply To Professor Dan Subotnik, Harvey Gilmore

Touro Law Review

No abstract provided.

Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst

The Hilltop Review

Social media has certainly evolved and continues to do so with each new day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. In the following years since its inception, social media has captured a significant amount of time of individuals in every aspect of their lives. However, with this advancement also comes possible conflict in how companies and departments within a university or college setting conduct background checks. Social media makes public profiles an easy click away and many potential job seekers may not see the problems that …

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.

Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson

The University of New Hampshire Law Review

[Excerpt] “In many ways, the story of modern legal education reads like a grim fairy tale, whose moral dénouement is no less compelling, and perhaps more consequential, than its fabulist forbearers. In this regard the marketing of legal education may aptly be illustrated by fable, such as that of The Trees and the Bramble Bush, which concerns the folly of electing a king. When some beautiful trees decide to look for a leader, they offer the throne to the olive, the fig and the vine; each in turn refuses, preferring to keep to its own fruitful role. The bramble steps …

Due Process, Fundamental Fairness, And Judicial Deference: The Illusory Difference Between State And Private Educational Institution Disciplinary Legal Requirements, Paul Smith

The University of New Hampshire Law Review

[Excerpt] “The educational process at a college or university, where students often experience new-found freedom, includes adherence to academic and behavioral standards. The institution may impose sanctions on students for breaching these standards. Prior to imposing a sanction, however, an institution must provide the student with a sufficient level of process or risk judicial invalidation of the sanction.

Courts distinguish the process due a student attending a state institution from the process due a student attending a private institution. Related to this distinction is the judicial claim that courts grant discretion to a private institution’s judgment regarding discipline for academic, …

An American Crisis: Proprietary Schools And National Student Debt, Charles Pollack

American University Business Law Review

No abstract provided.

The Impact Of The State Constitutional Convention Of 1917 On State Aid To Higher Education In Massachusetts, John P. Whittaker

New England Journal of Public Policy

The Massachusetts State Constitutional Convention of 1917 marked a turning point in the development of higher education in the state. An amendment adopted at the convention put an end to a long tradition of direct state appropriations to support the development of private colleges and to proposals for cooperative efforts between various state agencies and private institutions. After that time, only state institutions would receive state support. This decision resulted from an attempt to resolve an intense debate over the use of public funding for sectarian and other private institutions, which reflected the intense religious and class conflict inherent in …

System-Wide Title Vi Regulation Of Higher Education, 1968-1988: Implications For Increased Minority Participation, John B. Williams

Trotter Review

In 1964, 300,000 blacks were enrolled in the nation’s higher education system, most of them attending black colleges and universities in the South; 4,700,000 whites attended colleges during the same year. With passage of the 1964 Civil Rights Law, the federal government acknowledged an inequity in blacks’ opportunity to attend college and gave promise of becoming a major source of pressure for desegregating higher education. But the potential of Title VI, the promise of government intervention to accomplish greater equity, has never been fulfilled.

Specifically, Title VI renders discriminatory agencies and institutions, including colleges and universities, ineligible to receive federal …

Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel

Cleveland State Law Review

Faculty tenure has been the subject of continuing concern and controversy in American higher education. Problems in this area, including the lack of definitive standards for evaluating tenure candidates, have been highlighted by the recent downturn in the economy and the resultant decline in both enrollment and employment in colleges and universities. This trend is actively demonstrated by the Fourth Circuit Court of Appeals decision in Mayberry v. Dees. This Article advocates and proposes a more exacting judicial review of faculty tenure cases that are based on collegiality or other such personality criteria. Initially, the operational context of faculty tenure …

Two Papers Delivered At A Symposium, "The Response Of Society To Unusual And Extreme Pressure Groups," Presented At Indiana University School Of Law, Sidney Hook, Michael I. Sovern

IUSTITIA

The following articles by Professor Hook and Dean Sovern are derived from talks delivered at a symposium, "The Response of Society to Unusual and Extreme Pressure Groups," presented at Indiana University School of Law on November 6, 1970. While the door has apparently closed upon the period of ghetto and campus riots of the la te six ties and early seven ties, the fundamental issues of human righ ts which they raised remain unresolved. The symposium attempted to assess the origins, consequences, and remedies for these conflicts. The recent confrontation between American Indians and federal troops at Wounded Knee, South …