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Articles 31 - 40 of 40
Full-Text Articles in Law
The Threat To Constitutional Academic Freedom, J. Peter Byrne
The Threat To Constitutional Academic Freedom, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Since the late 1980s, the academic authority of colleges and universities has been subjected to continuing blasts of criticism. Culture warriors portray decayed institutions where sixties radicals have seized control and terrorize students and the few remaining honest faculty with demands for political conformity or bewilder them with incomprehensible theorizing. Some valid criticisms by these writers can be gleaned among their towering hyperbole and tendentious accusations. But the overall effect has been to paint for the broader public an alarming, misleading picture of intolerance and cant. The prevalence of this picture, however false it may be, imperils the constitutional autonomy …
The Dark Side Of Grutter, Girardeau A. Spann
The Dark Side Of Grutter, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
Liberals have generally cheered the Supreme Court's decision in Grutter v. Bollinger as validating the continued use of affirmative action in the struggle against racial injustice. But the Supreme Court's modern race cases rest on a misunderstanding of the nature of contemporary racial discrimination. From Brown, to Bakke, to Grutter, the Court has advanced a colorblind conception of racial equality that treats race-conscious affirmative action as constitutionally suspect, because it deviates from an aspirational baseline of race neutrality that lies at the core of the equal protection clause. However, race neutrality is a hopelessly artificial concept in …
American Public Schools Fifty Years After Brown: A Separate And Unequal Reality, Sheryll Cashin
American Public Schools Fifty Years After Brown: A Separate And Unequal Reality, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
Public schools became more segregated in the 1990s. More so than our neighborhoods, our schools are bastions of race and class privilege on the one hand, and race and class disadvantage on the other. Black and Latino schoolchildren are bearing the heaviest costs of this separation. They tend to be relegated to high-poverty; overwhelmingly minority schools that are characterized by poorer test scores, less experienced teachers, and fewer resources than the type of public schools most white children attend. This Essay argues that public schooling has become the "great equalizer" in America because it tends to place white children in …
Who Is Excellent?, Mari J. Matsuda
Who Is Excellent?, Mari J. Matsuda
Georgetown Law Faculty Publications and Other Works
Who will save the life of that silent teenager--the one over there edging toward the condom table, the one across town wondering whether to take Daddy's gun to school, the girl who is too embarrassed to tell anyone her boyfriend hit her, the child picking up a rock in the Gaza Strip? Affirmative action is about who will save these lives. In all of our institutions, the academy among them, we must make decisions of admission. Who will enter these doors and wield power here? Who will ascend to the position of decision maker? Who will walk off with the …
The Promise And Precondition Of Educational Autonomy, Neal K. Katyal
The Promise And Precondition Of Educational Autonomy, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Part One of this Essay defends the Court's [Grutter] analysis. The thesis here is a simple one: Universities should have a zone of freedom in which to conduct their academic affairs because they are better at making choices about educational matters than are generalist courts. This is the position I took, both in the Sixth Circuit and in the Supreme Court, as the chief counsel to the amicus deans of many of the nation's leading private law schools in Grutter. Academic freedom has become something of a pariah concept; indeed, our amicus brief contained the only substantial discussion, let alone …
Academic Freedom Of Part-Time Faculty, J. Peter Byrne
Academic Freedom Of Part-Time Faculty, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Everyone assumes that part-time faculty should enjoy a full measure of academic freedom. The American Association of University Professors (AAUP) has consistently argued for it. Martin Michaelson's draft "Academic Freedom Policy and Procedures," a touchstone for this symposium, accords academic freedom through contract to full-time and part-time faculty without distinction. A recent article in the Chronicle of Higher Education raised the alarm that "To Many Adjunct Professors, Academic Freedom Is a Myth;" nowhere did it question the normative claim that an adjunct should enjoy complete academic freedom.
Two Views Of The River: A Critique Of The Liberal Defense Of Affirmative Action, Charles R. Lawrence Iii
Two Views Of The River: A Critique Of The Liberal Defense Of Affirmative Action, Charles R. Lawrence Iii
Georgetown Law Faculty Publications and Other Works
In response to the attack on affirmative action at educational institutions, the argument that the benefits of diversity necessitate keeping affirmative action has emerged as the dominant defense of race-conscious admissions policies. Describing this argument as the “liberal defense of affirmative action,” Professor Lawrence critiques the liberal defense because it fails to challenge the manner in which traditional standards of merit perpetuate race and class privilege, and pushes aside more radically, substantive defenses of affirmative action which articulate the need to remedy past and ongoing discrimination. While recognizing the difficulties and ambivalence inherent in advancing a new vision for defending …
Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche
Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …
Racial Insults And Free Speech Within The University, J. Peter Byrne
Racial Insults And Free Speech Within The University, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …
The Judiciary And Education Reform: A Reassessment, Judith C. Areen
The Judiciary And Education Reform: A Reassessment, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
Professor Areen examines the judicial attempt to provide equal educational opportunity, and questions the basic premises upon which judicial intervention is based. The author concludes that judicial efforts to equalize educational opportunity have been misdirected. The goals sought to be attained by judicial intervention must be reconsidered before an effective education can be provided for all.