Law Review Digests-UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

Journal of Law and Education, Jul 2005

Articles

J. Peter Byrne, The Threat to Constitutional Academic Freedom, 31 J.C. & U.L. 79 (2004). This article examines the effect of judicial decisions on First Amendment rights at colleges and universities. The author calls into question the courts' ability to consistently reduce the independence of these institutions by failing to grant deference to their decisions. Topics include offensive speech by students and teachers and affirmative action procedures. The author also gives an in-depth look at the history of constitutional academic freedom and concludes that it is a right that should be passionately protected.

Mary Ann Connell and Donna Euben, Evolving Law in Same-Sex Sexual Harassment and Sexual Orientation Discrimination, 31 J.C. & U.L. 193 (2004). The authors take an in-depth look at the history of sexual harassment law. Analysis begins with the addition of the term 'sexual harassment' to the Equal Employment Opportunity Commission of 1981. The history of this law is followed through Supreme Court decisions and congressional acts until it concludes with the milestone prohibition of same-sex sexual harassment.

Colin S. Diver, From Equality to Diversity: The Detour from Brown to Grutter, 2004 U. Ill. L. Rev. 691 (2004). This article discusses affirmative action in university admissions, focusing on Grutter v. Bollinger in which the Supreme Court held that achieving a diverse student body is a compelling governmental interest. The author argues that diversity is not a sufficient rationale for considering race in admissions and that race should only be considered when it is done to remedy the effects of past racial discrimination.

Michael W. Klein, "The Equitable Rule:" Copyright Ownership of Distance-Education Courses, 31 J.C. & U.L. 143 (2004). The author addresses the increasingly popular method of distance teaching and the copyright laws that surround it. The article begins with a comprehensive look at distance courses and transitions into an explanation of modern copyright law. The article then discusses how copyright law is applicable to distance courses and concludes by proposing that universities create policies regarding the ownership of these courses.

Candace Sarri Kovacic-Fleischer, Comparing Remedies for School Desegregation and Employment Discrimination: Can Employers Now Help Schools?, 41 S.D. L. Rev. 1695 (2004). The author discusses Title VII, which provides an approach for eliminating discrimination in the workplace. The author discusses the history of discrimination in schools and the workplace. The author argues that Congressional action came too late and was too little to accomplish any meaningful progress in eliminating discrimination.

John Wesley Lowery, Navigating Past the "Spirit of Insubordination:" A Twenty-First Century Model Student Conduct Code with a Model Hearing Script, 31 J.C. & U.L. 1 (2004). This article discusses the proper methods of discipline on college and university campuses. Schools are forced to balance two competing interests in developing disciplinary policies: promoting educational development and promoting a stable educational environment. The author outlines an extensive model disciplinary code and argues that this model code is a good way to deal with student insubordination and to educate students about their responsibilities as members of an academic community.

Notes and Comments

Constitutional Law-Affirmative Action: The Supreme Court Strikes Down the University of Michigan's Admission Policy But Finds Diversity to Be a Compelling Interest, 80 N.D. L. Rev. 289 (2004). This note provides an extensive analysis of Gratz v. Bollinger, in which the Supreme Court considered the constitutionality of the University of Michigan's affirmative action admissions process. The author sets out a legal background of racial classifications, affirmative action and alternative plans. The author discusses the impact of Gratz on higher education and business recruitment, as well as its impact on North Dakota schools.

Not as Easy as Black and White: The Implications of the University of Rio De Janeiro's Quota-Based Admissions Policy on Affirmative Action Law in Brazil, 37 Vand. J. Transnatl. L. 1423 (2004). This note deals with affirmative action admissions policies in Brazilian universities. These policies have encountered problems due to Brazil's mixed racial identity; it has become difficult to determine who is white and who is black. The author argues that Brazil should use an affirmative action program based on class, rather than race, as a means of correcting educational inequalities while avoiding racial classification issues.

Plyer v. Doe and the Rights of Undocumented Immigrants to Higher Education: Should Undocumented Students Be Eligible for In-State Tuition Rates?, 82 Wash. U. L.Q. 585 (2004). This note addresses postsecondary education for undocumented immigrants. Congress has enacted legislation that forbids states from offering in-state tuition rates to undocumented students. The author argues that by denying in-state tuition to undocumented students, these students have effectively been denied access to higher education. The author concludes that Congress should enact legislation that allows states to extend in-state tuition to undocumented students.