Law Review Digests-Universities and Other Institutions of Higher Learning

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Articles

Melissa Hart, Disparate Impact Discrimination: The Limits of Litigation, the Possibilities for Internal Compliance, 33 J.C. & U.L. 547 (2007). This essay examines the limits of litigation under the disparate impact discrimination theory, including difficulty stemming from the way courts frame the problem. The author concludes that despite the situation with disparate impact, the theory may have highlighted a problem best solved by the institutions that see the need for employment equality and are in a position to make policy changes.

Barbra Osborne, "No Drinking, No Drugs, No Lesbians": Sexual Orientation Discrimination in Intercollegiate Athletics, 17 Marq. Sports L. Rev. 481 (2007). This article examines the impact of sexual orientation discrimination in intercollegiate athletics. The author argues that higher education institutions have a responsibility to ensure that homosexual student-athletes enjoy the same intercollegiate athletics experience, free from harassment and discrimination that heterosexual studentathletes enjoy. The author also discusses the viability of various legal claims and potential remedies that may result from this discrimination. Furthermore, the author provides recommendations for these athletic programs to protect their athletes and avoid liability.

Stephana I. Colbert, The Teach Act: Recognizing Its Challenges and Overcoming Its Limitations, 33 J.C. & U.L. 499 (2007). This article discusses some of the concerns of the implementation of the Technology, Education, and Copyright Harmonization Act of 2002. The Act is a legislative effort both to expand the permissible uses of copyrighted information over the internet and to regulate the use of those materials on the internet to protect the interest of copyright owners. The author argues that the Act's inherent complexities and safeguards designed to protect the copyright owners have undermined its effectiveness. The Act's safeguards require reconsideration in order for the United States' higher education system to fully exploit the use of digital technology in the interest of educational advancement.

Sarah K. Fields, Intramural and Club Sports: The Impact of Title LX, 33 J.C. & U.L. 521 (2007). This article examines the mechanisms that higher education institutions often utilize to create participation and funding opportunities for their students in non-varsity sports. It evaluates whether those mechanisms keep schools' intramural and club sports in compliance with Title DC. The author argues that, although many schools have policies for intramural and club sports that on their face are gender equitable, institutions need to continue to closely monitor these programs and be sure not to inadvertently fund on the basis of history or other traditions that might result in inequitable funding for women.

Richard H. Hiers, Institutional Academic Freedom or Autonomy Grounded Upon the First Amendment: A Jurisprudential Mirage, 30 Hamline L. Rev. 1 (2007). This article traces the origination of public universities' academic freedom, as recognized by the Supreme Court under the First Amendment. The author finds that the Court has based this determination not on Constitutional law, but on dicta, concurrences, and simple misreading of precedent.

C. Michael Bryce, ADR Education from a Litigation/Educator Perspective, 81 St. John's L. Rev. 337 (2007). This article examines the seeming incongruence of the adversarial and individualistic nature of legal education given that the vast majority of cases are settled out of court by alternative dispute resolution. The article proposes that more thorough mediation education may benefit legal education systems as a whole. The author speculates that mediation-based educational foundations would produce a more involved, passionate, and cooperative group of prepared future lawyers who are more equipped to handle out-of-court settlements.

J. Hunter, Jr. …