Law Commons^™

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 …

Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin

Scholarly Works

With roughly 4,000 institutions of higher education in the United States, there is a body of literature on leadership in higher education and presidents have been studies and critiqued by biographers and by scholars, yet up until now there has been scarce attention to the documented trend of lawyers leading higher education. Within the subset of lawyer presidents, one major commonality is government law experience in their career prior to the campus presidency. This article explores the unique skills and leadership that government lawyers can offer colleges and universities and provides examples of presidents with former government experience at all …

The Life Of Ruth Bader Ginsberg: Biography Of An Educator, Mallory Wallace

Journal of Women in Educational Leadership

Now in her eighties, U.S. Supreme Court Justice Ruth Bader Ginsburg has lived a remarkable life. Justice Ginsburg has had an enormous impact on the way United States law respects gender equality, transformed the U.S. Constitution, and lead broad social transformation in America (Dodson, 2015). And while all of this is so, before she completed any of this, Justice Ginsburg was known as Professor Ginsburg, spending seventeen years teaching law at two highly respected institutions of higher education. During this time, she created and taught revolutionary courses on Women and the Law, co-write the first-ever published casebook on sex-based discrimination, …

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 …

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 …

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.

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.

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Biennial Conference: The Social Practice of Human Rights

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices.

Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Joel Pruce

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices. Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …

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

Nevada Law Journal

No abstract provided.

Consent, Culpability, And The Law Of Rape, Kimberly Kessler Ferzan

All Faculty Scholarship

This Article explores the relationship between consent and culpability. The goal is to present a thorough exposition of the tradeoffs at play when the law adopts different conceptions of consent. After describing the relationship between culpability, wrongdoing, permissibility, and consent, I argue that the best conception of consent—one that reflects what consent really is—is the conception of willed acquiescence. I then contend that to the extent that affirmative consent standards are aimed at protecting defendants, this can be better achieved through mens rea provisions. I then turn to the current victim-protecting impetus for affirmative expression standards, specifically, requirements that the …

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 …

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Lidsky

Faculty Publications

Public colleges and universities increasingly are using Facebook, Second Life, YouTube, Twitter, and other social media communications tools. Yet public colleges and universities are government actors, and their creation and maintenance of social media sites or forums create difficult constitutional and administrative challenges. Our separate experiences, both theoretical and practical, have convinced us of the value of providing guidance for public higher education institutions wishing to engage with their constituents-including prospective, current, and former students and many others-through social media.

Together, we seek to guide public university officials through the complex body of law governing their social media use and …

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, …

Education For Self-Reliance, Responsibility And Hope, John Strassburger

Publications

This is the first in a series of occasional papers about the challenges confronting students and what Ursinus is doing to help them enter adult life.

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 …

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 …