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Articles 1 - 30 of 39
Full-Text Articles in Law
Supporting First Generation Professionals, Alison F. Lintal
Supporting First Generation Professionals, Alison F. Lintal
Alison Lintal
As the number of first-generation college and graduate school students continues to rise, law schools have a responsibility to provide programming and support for first generation professionals. Academic, financial and psycho-social barriers play a role in the success of a first-generation student’s law school and subsequent legal career experience. By first identifying common barriers to success in the legal profession, schools can move to developing strategies to address these barriers. Depending upon the type of law school and its culture, there are multiple ways that schools can provide such services and tools to its students including through targeted professional development …
Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk
Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk
Herwig Schlunk
No abstract provided.
Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons
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 …
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Fernand "Tex" N. Dutile
No abstract provided.
Chapter Two: Privacy, Tracy Mitrano
Chapter Two: Privacy, Tracy Mitrano
Tracy Mitrano
Learning From Experience: An Introduction To The Journal Of Experiential Learning, Patricia E. Salkin
Learning From Experience: An Introduction To The Journal Of Experiential Learning, Patricia E. Salkin
Patricia E. Salkin
Commitment to experiential learning begins with the dean, yet this has not been the typical questioning in candidate interview processes. Important are indicators of past performance, examples of interpersonal skills, creativity, and knowledge of current challenges facing the profession, legal education and the individual school. Often over-looked, however, is what else the candidate brings to the table in terms of their approach to legal pedagogy, past experiences that may provide other important insights into what may subconsciously influence the candidate’s particular approach to one or more issues. It can be difficult to glean this from the typical thirty to forty-five …
Confronting Domestic Violence In Higher Education, Jill Engle
Confronting Domestic Violence In Higher Education, Jill Engle
Jill Engle
Panel presentation on Student Life, Relationships, and the Law. Panel presented at Pepperdine University.
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
Lisa R Pruitt
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Meg Penrose
This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Free Speech Versus Free Education: First Amendment Considerations In Limiting Student Athletes' Use Of Social Media, Mary Margaret Penrose
Meg Penrose
This article considers the First Amendment implications regarding limitations placed on student athletes' use of social media. Schools have a vested interest in controlling their athletes' public expressions, whether such expressions are found in tattoos, public interviews or tweets. Like it or not, a great deal of damage can occur in "140 words or less." And, displeased student-athletes have choices. Twitter or touchdowns. Facebook from your dorm or facetime on television hitting three-pointers. While universities are generally places that encourage robust speech and debate, there are defensible, and arguably lawful, reasons why schools should limit student-athletes' use of social media. …
Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone
Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone
Michele R. Pistone
1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab
Affirmative Action In Higher Education Over The Next Twenty-Five Years: A Need For Study And Action, Sandra Day O'Connor, Stewart Schwab
Stewart J Schwab
No abstract provided.
Who's Afraid Of White Class Migrants? On Denial, Discrediting, And Disdain (And Toward A Richer Conception Of Diversity), Lisa R. Pruitt
Who's Afraid Of White Class Migrants? On Denial, Discrediting, And Disdain (And Toward A Richer Conception Of Diversity), Lisa R. Pruitt
Lisa R Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt
Lisa R Pruitt
This article refutes the widely held assumption that affirmative action is appropriate either to support only racial and ethnic minorities or to support only low-income students, but that it cannot or should not support both. Pruitt argues that we need not make such a choice and that we should aspire to socioeconomically diversify higher education institutions—including the most elite sector—with low-income students of all colors. Pruitt thus disputes the framing of Richard Kahlenberg and Richard Sander who have long argued that we should seek socioeconomic diversity in lieu of racial/ethnic diversity, a stance that has needlessly pitted underrepresented minorities against …
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
Robert H. Jerry II
Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …
Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez
Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez
Carmen G. Gonzalez
Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article …
Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert
Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert
William A. Herbert
The National Center for the Study of Collective Bargaining in Higher Education and the Professions (National Center) is a four-decade old institution that is supported by and located at Hunter College, City University of New York. The National Center was founded in the wake of the granting of collective bargaining rights by various states and localities to public employees including higher education faculty members and shortly after the National Labor Relations Board (NLRB) asserted jurisdiction over private institutions of higher education. Consistent with its mission, the National Center intends to be an engine for rekindling, incubating and promoting research and …
Curriculum Reforms At Washburn University School Of Law, Jeremiah Ho, Michael Schwartz
Curriculum Reforms At Washburn University School Of Law, Jeremiah Ho, Michael Schwartz
Jeremiah A. Ho
This book chapter discusses the task of curriculum reform through the experiences of the Washburn University School of Law faculty.
Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg
Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg
Ronald G. Ehrenberg
[Excerpt] CSWEP has long been concerned about the underrepresentation of women in faculty positions at major research universities. I have been charged by the committee with enumerating a set of policies that might enhance the attractiveness of research universities to female faculty. After presenting some data that suggest the magnitude of the underrepresentation problem, I do so below. In each case, I sketch the pros and cons of the policy. Although the focus is on increasing the attractiveness of research universities to female faculty, many of the policies would increase the attractiveness of academic careers per se to new female …
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …
Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele
Time For A Top-Tier Law School In Arkansas, Richard J. Peltz-Steele
Richard J. Peltz-Steele
A simple change in state law could improve the quality of legal education in Arkansas and the quality of legal services available to our consumers - and save significant amounts of taxpayers' money. With an Afterword on academic freedom. Also available from Advance Arkansas Institute website.
Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele
Penumbral Academic Freedom: Interpreting The Tenure Contract In A Time Of Constitutional Impotence, Richard J. Peltz-Steele
Richard J. Peltz-Steele
This article recounts the deficiencies of constitutional law and common tenure contract language - the latter based on the 1940 Statement of Principles of the American Association of University Professors - in protecting the academic freedom of faculty on the modern university campus. The article proposes an Interpretation of that common language, accompanied by Illustrations, aiming to describe the penumbras of academic freedom - faculty rights and responsibilities that surround and emanate from the three traditional pillars of teaching, research, and service - that are within the scope of the tenure contract but not explicitly described by it, and therefore …
Innovation And Litigation: Tensions Between Universities And Patents And How To Fix Them, Jacob Rooksby
Innovation And Litigation: Tensions Between Universities And Patents And How To Fix Them, Jacob Rooksby
Jacob H. Rooksby
Universities that own patents have a problem. While nearly all are keen to enhance their revenue generated from patents, few are eager or prepared to enforce them in court, alone or with their exclusive licensees, should a third-party deploy a product or process covered by a university-owned patent. Yet strict prudential standing requirements imposed by the United States Court of Appeals for the Federal Circuit (“CAFC”) effectively require university participation as plaintiffs in enforcement lawsuits over their exclusively licensed patents, regardless of a university’s effective ability or enthusiasm to participate in a given action. Supported by nearly 40 years of …
Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris
Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …
No Wealthy Parent Left Behind: An Analysis Of Tax Subsidies For Higher Education, Andrew Pike
No Wealthy Parent Left Behind: An Analysis Of Tax Subsidies For Higher Education, Andrew Pike
Andrew Pike
This article analyzes the status in 2007 of higher education costs in relation to U.S. taxation policy and the declining real income and ability of lower and middle income taxpayers to pay tuition and fees. Then-current tax policy lessened support for families with the greatest financial need while providing much greater levels of support to those with greater financial resources. To enhance distributional fairness, the author proposes that Congress repeal tax provisions that have this effect and consolidate the separate sources of federal financial aid grants into one program--an expanded Pell Grant program. He also advises that Congress make the …
Affirmative Action In Education Weighed Again, Alan E. Garfield
Affirmative Action In Education Weighed Again, Alan E. Garfield
Alan E Garfield
No abstract provided.
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …
Risk Based Student Loans, Michael Simkovic
Risk Based Student Loans, Michael Simkovic
Michael N Simkovic
Credit markets serve a vital function in capitalist economies: evaluating the riskiness of a range of possible investments and channeling resources toward those investments that investors believe are most likely to prove successful. This process is known as the “risk-based pricing” of credit. Ideally, risk-based pricing should lead to lower cost of capital for lower risk investment choices with larger rewards, and therefore more investment in such promising activities. Conversely, risk-based pricing should lead to higher costs of capital, and therefore less investment, in high-risk activities with relatively low rewards. If creditors are well informed and analytic, and borrowers respond …