Law Commons^™

A Fresh Start: The Evolving Use Of Juvenile Records In College Admissions, Eve Rips

University of Michigan Journal of Law Reform

Questions about criminal and juvenile records in the college application process are common and frequently fail to account for the unique characteristics of juvenile justice systems. The ways in which colleges and universities ask about juvenile records often encourage applicants to disclose information in spite of statutory protections. These questions fly in the face of the public policy underlying a range of legal safeguards that are intended to help individuals with records from juvenile systems in moving forward and receiving a second chance.

In recent years, a series of legislative and institutional changes have begun to restrict how colleges and …

The Title Ix Contract Quagmire, Bryce Freeman

Michigan Law Review

Courts and scholars have long grappled with whether and to what extent educational institutions are in contract with their students. If they are, then students can sue their private universities for breaching that contract— ordinarily understood as the student handbook and other materials—when the institution levies a disciplinary action against the student. But what promises, both implicit and explicit, do private universities make to their students that courts should enforce? This question has resurfaced in the Title IX context, where courts have largely drawn clear dividing lines between the rights of public and private university students. This Comment provides a …

Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick

Michigan Journal of Race and Law

In 2003, the Supreme Court of the United States held that public universities—and the University of Michigan in particular--had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people of Michigan approved a ballot proposal--called the Michigan Civil Rights Initiative ("MCRI")-that prohibits public universities in the state from discriminating or granting preferential treatment on the basis of race. Shortly after the MCRI was approved, a number of Michigan universities suggested that they were …

Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld

Michigan Journal of Race and Law

This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …

Education At A Discount: Qualifying For Resident Tuition At State Universities, Barry D. Glazer

University of Michigan Journal of Law Reform

One recurring problem is the reclassification of those students initially classified as nonresidents who have thereafter decided to become residents of the state and thereby seek to take advantage of the lower tuition offered to residents. This article identifies the major difficulties in changing classification and analyzes some of the constitutional questions concerning the application of the nonresident tuition fee subsequent to Starns. Additionally, the article examines the extent to which proposed model legislation on tuition residency solves the existing objections to the application of the nonresident tuition fee at state universities.

Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice

University of Michigan Journal of Law Reform

Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …

The University Of Michigan: Its Legal Profile, William B. Cudlip

Michigan Legal Studies Series

Inspiration for the preparation of this volume came from reading two sections of Volume I of the four-volumes published in 1942 entitled, The University of Michigan-An Encyclopedic Survey. One section by E. Blythe Stason, Dean Emeritus of the University's Law School, is captioned "The Constitutional Status of the University of Michigan." The other section captioned "The Organization, Powers and Personnel of the Board of Regents" was prepared by the Dean and the late Wilfred B. Shaw, long connected with the University in important administrative capacities and intimately acquainted with its history.

The material here presented duplicates in part that …