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Full-Text Articles in Law

A New Morning In Higher Education Collective Bargaining, 2013-2019, William A. Herbert Nov 2021

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 Oct 2021

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 …


Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris Jul 2021

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 Jun 2021

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 May 2021

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 …


Move: We Don't Need To Convince You That Our Oppression Is Real, Dr Frederick V. Engram Jr Jan 2021

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 …