LAW REVIEW DIGESTS-UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

Journal of Law and Education, Jul 2007

Articles

Gregory Bassham, Justice Scalia's Equitable Constitution, 33 J.C. & U.L. 143 (2006). This article focuses on Justice Antonio Scalia, who the author views as the Supreme Court's most influential and outspoken conservative. The author explains the fundamental elements of Scalia's purportedly textualist approach to statutory interpretation that highlights the importance of clear, determinate legal rules. The author examines Scalia's justification for this approach and argues that Scalia's de facto approach to constitutional adjudication is a traditional "equitable interpretation" that Scalia claims to reject. Finally, the author concludes that Scalia's version of equitable interpretation is flawed and often fails to respect the core judicial values he claims to prize.

Christopher A. Bracey, The Cul de Sac of Race Preference Discourse, 79 S. CaI L. Rev. 1231 (September 2006). This article addresses affirmative action in college admissions and hiring practices. The author examines several cases dealing with race and affirmative action, showing how the judges deciding these cases came to their decisions. The author concludes by suggesting that the only way to bridge the gap between the two sides in the affirmative action debate is to foster real dialogue between the sides instead of allowing the faction against to stand firm on old arguments.

Jennifer N. Buchanan and Joseph C. Beckham, A Comprehensive Academic Honor Policy for Students: Ensuring Due Process, Promoting Academic Integrity, and Involving Faculty, 33 J.C. & U.L 97 (2006). This article argues colleges and universities must be prepared to deal with the range of academic, student-related, and legal issues associated with academic dishonesty, including the assumption that some of its cases might eventually be challenged in courts. The article argues that an institution's best interests are served when its policies on academic dishonesty are as current and comprehensive as possible. This requires a clear and comprehensive set of violations, a hearing or face-to-face meeting between instructor and student to discuss the matter, and a wide range of educational sanctions in the resolution process.

Charles R. Calleros, Law, Policy, and Strategies for Affirmative Action Admissions in Higher Education, 43 Cal. W.L. Rev. 151 (Fall 2006). This essay examines how a university can implement an affirmative action strategy that creates diversity and comports with federal law. The author offers several tips on how to employ different policies regarding race in the admissions process and discusses how either a race-conscious or race-neutral strategy would work, detailing the benefits and drawbacks of each system. In conclusion, the article details steps to be used to achieve diversity.

Edward Carter, Kevin Kemper, Barbara Morgenstern, Applying Hazelwood to College Speech: Forum Doctrine and Government Speech in the U.S. Court of Appeals. 48 S. Tex. L. Rev. 157 (2006). This article examines the confusion commentators and courts have over the interpretation of the Hazelwood decision and the impact this confusion could eventually have on students' First Amendment rights. The authors researched this decision in context of different court opinions, and concluded that this case could lead to a much broader chilling effect on public forum speech. Furthermore, this effect could not only reach institutes of higher learning but all public forums.

Patricia Cervenka, Free Shoes for Primary and secondary Schools: Playing by the Rules of Title IX. 17 Marq. Sports L. Rev. 285 (2006). This article examines how schools violate Title IX when they allow sporting good companies to provide free shoes for high school boys' basketball teams while ignoring the same need for high school girls' basketball teams. The author argues girls and boys should receive equal clothing, equipment, and supplies for their respective sports. Further, school boards are responsible for ensuring compliance, not the companies that make the products.

Lynn Daggett, Doing the Right Thing: Disability Discrimination and Readmission of Academically Dismissed Law Students, 32 J.C. & U.L. 505 (2006). This article offers an overview of anti-discrimination laws related to learning disabilities and how they affect bids by students seeking disability-based readmission. The author examines The Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Individuals with Disabilities Education Act, and the provisions each law states. The author concludes that schools receive a lot of deference in dealing with students with disabilities and thus have a responsibility to act in good faith when determining whether to readmit a disabled student dismissed due to academics.

Timothy Davis, Avila v. Citrus Community College District: Shaping the Contours of Immunity and Primary Assumption of the Risk. 17 Marq. Sports L. Rev. 259 (2006). A recent California case is discussed regarding a student athlete's failed claim of negligence against the Citrus Community College District for an injury he sustained while playing a baseball game. The case illustrates the prevailing no-duty rule, or assumption of the risk, which exempts liability of co-participants in sporting events. The author presents the argument that the Avila decision helps clarify the type of conduct that is an acceptable legal risk within a sporting event such as baseball.