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The Irs And Your Politically Controversial Speakers, Mary L. Heen Sep 2007

The Irs And Your Politically Controversial Speakers, Mary L. Heen

Law Faculty Publications

During the 2008 election cycle, we can expect an upsurge of incidents in which college and unive rsity administrators rescind legitimate invitations to politically controversial speakers. As Academic Freedom and Outside Speakers, a statement issued by the MU P's Committee A on Academic Freedom and Tenure, affirms, "Because academic freedom requires the liberty to learn as well as to teach, colleges and universities should respect the prerogati ves of campus organizations to select outside speakers they wish to hear." (The statement begins on page 62 .) In the past, administrators have sometimes cited the lack of balance represented by the …


(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Michigan Journal of Race and Law

In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational …


Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick Jan 2007

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 …


Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin Jan 2007

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have looked …


The Teach Act: Recognizing Its Challenges And Overcoming Its Limitations, Oren R. Griffin, Stephana I. Colbert Jan 2007

The Teach Act: Recognizing Its Challenges And Overcoming Its Limitations, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Technological advancements centered on the Internet, distance education, and digitally transmitted information have created tremendous opportunities for educational institutions. Congress enacted the Technology, Education, and Copyright Harmonization Act (TEACH Act) to exploit these opportunities and provide educators with an important tool to take advantage of the information super-highway. While the Congressional intent of the Act has merit, its provisions arguably create troubling obligations and potential liability for colleges and universities. This article discusses challenges presented by the TEACH Act and proposes modifications intended to address some of the most troubling aspects of the Act.