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Full-Text Articles in Law

Due Process, Fundamental Fairness, And Judicial Deference: The Illusory Difference Between State And Private Educational Institution Disciplinary Legal Requirements, Paul Smith May 2011

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, …


Corporate, Political, And Academic Perspectives On Tennessee Higher Education Accountability Policy, Andrew Quentin Morse May 2011

Corporate, Political, And Academic Perspectives On Tennessee Higher Education Accountability Policy, Andrew Quentin Morse

Masters Theses

The purposes of the research are (1) to identify the similarities and differences among corporate, political, and academic leaders in Tennessee on postsecondary education accountability policy and (2) to investigate ways for improving accountability policy as evidenced by the various stakeholders. The two following research questions will be adapted from the larger, ongoing study by Bogue et al. (2009) on accountability:

· What differences and similarities exist among corporate, political, and academic stakeholders on the issues of collegiate mission and issues of accountability definition and evidence?

· What are the most important steps that institutions of higher education can take …


Oral History Interview With Michael Furmston: Conceptualising Smu, Michael P. Furmston Jan 2011

Oral History Interview With Michael Furmston: Conceptualising Smu, Michael P. Furmston

Oral History Collection

The interview covered: first involvement with Singapore and SMU, challenges and opportunities for the law school, faculty recruitment, law research, job opportunities, relationship with legal communities, internships, law building, future developments, dispute resolution.

Biography:

Founding Dean, School of Law, SMU, 2007–present

Professor Michael Furmston became the founding dean of the School of Law in August 2007. The second law school in Singapore, SMU’s undergraduate law programme has been noted for the significant proportion of business and finance courses. Its first students graduated in July 2011. In 2009, a postgraduate law programme was introduced, the juris doctor. During Professor Furmston’s tenure …


Collective Choice, Justin Schwartz Jan 2011

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …