Law review digests-articles, notes and commentary

Journal of Law and Education, Oct 2003

Miranda K.S. Massie, Standing on the Promise of Brown and Building a New Civil Rights Movement: The Student Intervention in Grutter v. Bollinger, 66 Alb. L. Rev. 505 (2003). The author takes a historical journey through the development of affirmative action and then dissects the arguments made by opponents of the controversial policy. She explains that affirmative action is still imperative for racial integration, and that this, in turn, brings about true equality. She further asserts that it is essential to the democratization of American universities. She ends with a call for a reinvigoration of the once powerful civil rights movement by those who would prosper from its purpose.

Kevin H. Smith, Program Evaluation: Defining and Measuring "Success" in Academic Support Programs, 2003 L. Rev. M.S.U.-D.C.L. 177. This article attempts to evaluate the success of academic support programs at ABA-accredited law schools. The author inquires into what success is, how it is measured, and how the data are obtained. Since evaluation is a necessary component of any successful program, the focus of this article is providing meaningful evaluation tools and standards.

Brian J. Steffan, Freedom of the Private-University Student Press: A Constitutional Proposal, 36 John Marshall L. Rev. 139 (2002). This article makes the case for a qualified First Amendment protection for student journalists that would balance their rights with the institutional needs and the rights of trustees, alumni, administrators, and other supporters of private institutions.

Robert Thornburg, The Impact of Copyright Law on Distance Education Programs: How Fair Use and The CONFU Guidelines May Shape The Future of Academia, 27 S. Ill. U. L.J. 321 (2003). The author argues that the ease of information transfer may upset the balance sought between protecting the creations of authors and artists and unrestricted online access to copyright-protected works. The unauthorized use of copyrighted material may stretch the limits of the fair use doctrine, established under the Copyright Act of 1976. In 1998 the Conference on Fair Use (CONFU) set guidelines on how to deal with distance education and online programs. Although no court has adopted the guidelines, the author discusses whether schools should use these guidelines as a safeguard against copyright infringement suits.

Raquel Xalabarder, Copyright and Digital Distance Education: The Use of Pre-existing Works in Distance Education through the Internet, 26 Colum. J.L. & Arts 101 (2003). While the Fair Use Doctrine of the United States Copyright Act of 1976 allows exceptions for teaching purposes, the author contends that some online learning programs are not doing enough to maintain the required balance. This article examines the impact of the Technology, Education and Copyright Harmonization Act of 2001 (TEACH Act) which amended the Copyright Act.

Notes and Comments

Dawn R. Swink, Back to Bakke: Affirmative Action Revisited in Educational Diversity, BYU Educ. & L.J. 211 (2003). This article provides a review of the history of affirmative action in the university setting. The author concludes that race should continue to be a factor in admissions decisions. The most prominent cases post-Bakke cases are summarized. The author also analyzes programs in California which have eliminated race as a factor in admission and the decline in college enrollment of minorities in that state. Several studies correlating minority status to low entrance scores and grade point averages are also presented to argue that diversity is still a compelling government interest.