Law review digests-universities & other institutions of higher learning

Journal of Law and Education, Apr 2003

Articles

Lee Bollinger, Seven Myths About Affirmative Action in Universities, 38 WILLAMETTE L. REV. 535 (2002). The author succinctly outlines the myths that underlie arguments against affirmative action and asks the essential question: Is our nation still committed to the role of education in integration?

Eugene H. Bramhall & Ronald Z. Ahrens, Academic Freedom and the Status of Religiously Affiliated University, 37 GONZ. L. REV. 227 (2002). The thesis of this article is that institutions may reasonably limit academic freedom and still be considered legitimate universities. It first identifies the chief characteristics that have historically established an institution's status as a university. Second, the authors argue that no university has limitless academic freedom. Lastly, the authors explain the philosophical justifications for academic freedom and show that those justifications support the right of a religious institution to limit academic freedom while claiming university status.

Notes & Comments

Disparate Treatment of Students in a Similar Class: The Constitutionality of Kentucky's Method of Determining Residency Status for Admissions and Tuition Assessment Purposes, 40 BRANDEIS L.J. 1037 (2002). This note traces the history of law relevant to residency status. The note focuses on the standard of review used by the United States Supreme Court in analyzing residency requirement issues. The note concludes by determining that Kentucky's rule used in determining university students' residency status, Title 13, Section 2:045 of the Kentucky Administration Regulations would most likely, if challenged, be deemed an unconstitutional method of determining a student's status.

The New Star Chamber: An Illusion of Due Process Standards at Private University Disciplinary Hearings, 35 SUFFOLK U.L. REV 169 (2001). The author discusses how private universities often do not offer students due process during disciplinary proceedings and criticizes courts that have applied a traditional contract analysis, despite students' lack of bargaining power when they commit to these contracts.

Reevaluating Amateurism Standards in Men's College Basketball, 35 U. MICH. J.L. REFORM 861 (2002). This note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of Section 1 of the Sherman Antitrust Act, and that courts should order NCAA deregulation of student athletes' indirect financial activities. It begins with a discussion of the history of NCAA regulations, and specifically its Principle of Amateurism. The author argues that the NCAA regulations violate antitrust laws because the Principle of Amateurism's overall effect is to discourage competition. Further, the author proposes that the NCAA should allow student athletes to pursue business opportunities neutral to college budgets such as professional leagues, endorsement contracts, and paid-promotional appearances.

Casenotes

David Breshears, One Step Forward, Two Steps Back: The Meaning of Equality and the Cultural Politics of Memory in Regents of the University of California v. Bakke. 3 J.L. SOC'Y 67 (2002). The author examines the landmark Bakke decision in which the Supreme Court found that the use of racial quotas for medical school admissions were unconstitutional. In particular, the author examines the ideas of the majority that racial blindness should exist and therefore only merit should be allowed as a factor in school admissions. He then examines the dissent's opinion, which addressed the chance that racism always may exist and that people may easily fall back into habits of racial discrimination. The author addressed his perception of America and the general equality that exists among citizens of the nation. He feels that this general equality greatly influences lawmakers in their decisions.

Deon D. Owensby, Affirmative Action and Desegregating Tennessee's Higher-Education System: The Geier Case in Perspective, 69 TENN. L. REV. 701 (2002). The author examines the issues presented by Tennesseean Plaintiffs seeking to desegregate Tennessee's higher education institutions. The proposed "consent plan" addresses issues such as higher education in Middle Tennessee and statewide issues affecting student enrollment and faculty and staff hiring, and suggests a plan for monitoring the effectiveness of their agreement. The proposed plan would desegregate Tennessee's institutions of higher education within five years.

Higher Education Admissions and Diversity: The Continuing Vitality of Bakke v. Regents of the University of California and an Attempt to Reconcile Powell's and Brennan's Opinions, 38 WILLIAMETTE L. REV. 615 (2002). Considering the Supreme Court decision in Bakke and subsequent Appellate decisions, a race-based admissions program is still possible if diversity is posited as the compelling interest.

Symposia

Children with Special Needs: The Intersection of Health Care, Education, & the Law. 5 J. HEALTH CARE L. & POL'Y 1 (2002).

Institutionalizing Conflict Resolution Education: Examples of successful Initiatives. 19 CONFLICT RESOL. Q. 447 (2002).