Law Commons^™

Beyond Chalk And Talk: The Law Classroom Of The Future, Oren R. Griffin, Karen J. Sneddon

Articles, Chapters in Books and Other Contributions to Scholarly Works

Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie's Educating Lawyers and the Clinical Legal Education Association's Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …

Constructing A Legal And Managerial Paradigm Applicable To The Modern-Day Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

This Article focuses on campus safety and security in higher education. In light of the numerous stakeholders in higher education that include faculty, law enforcement professionals, higher education lawyers, state and federal officials, and institutional administrators, this Article examines legal and policy considerations that should influence how colleges and universities respond to protect the campus community and safeguard the educational environment. In particular, the Article discusses the Incident Command System and the impact this management approach has had on the development of an organizational framework to manage emergency incidents. The Article also reviews selected case law regarding campus safety and …

The Teach Act: Recognizing Its Challenges And Overcoming Its Limitations, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Technological advancements centered on the Internet, distance education, and digitally transmitted information have created tremendous opportunities for educational institutions. Congress enacted the Technology, Education, and Copyright Harmonization Act (TEACH Act) to exploit these opportunities and provide educators with an important tool to take advantage of the information super-highway. While the Congressional intent of the Act has merit, its provisions arguably create troubling obligations and potential liability for colleges and universities. This article discusses challenges presented by the TEACH Act and proposes modifications intended to address some of the most troubling aspects of the Act.

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have looked …

Accommodating The Learning Disabled Student On Campus, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Each year nearly 19 million persons matriculate at American colleges and universities as undergraduate or graduate students. A substantial segment of these students are disabled. For disabled students matriculating through American higher education institutions, a tremendous battle is being waged as to the educational experience afforded those students with learning disabilities." Lawyers, educators and students are embroiled in a complex tug-of war that will have a lasting impact on higher education. This article examines some of the legal issues that will undoubtedly challenge those seeking to strike a balance between hard-line advocates for disabled students and educational professionals required to …

Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles

Articles, Chapters in Books and Other Contributions to Scholarly Works

During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …

The Impact Of "Fair Use" In The Higher Education Community: A Necessary Exception?, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Despite legislative efforts to define it, the concept of Fair Use has been the subject of aggressive debate among publishers, authors, librarians, and users of copyrighted information ("academics") at academic institutions. With the advent of the Internet and the prospect of multimedia projects, the debate has intensified and expanded into the international community.

This Article focuses primarily on the challenges that face academic administrators and college and university attorneys seeking to advise their academic clients of the parameters of the Fair Use Doctrine-encouraging both sharing and dissemination of scholarly information, and compliance with the law, while limiting institutional liability. This …