Law Review- UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

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Articles

Ann MacLean Massie, Suicide on Campus: The Appropriate Legal Responsibility of College Personnel, 91 Marq. L. Rev. 625 (2008). This article argues for the adoption of an amendment to the Restatement of Torts (Second) section 314A, or Restatement of Torts (Third) section 40, which would require university administrators to contact the family of a student when there is actual knowledge of a student's suicidal desires. The author argues that this rule should be adopted in recognition of the school's special relationship with the student and because such desires are often foreseeable. The author further argues that psychology, brain development studies, and morality, create the need for the above change. Due to these considerations, the author concludes that neither the confidentiality requirements of the Family Educational Rights and Privacy Act of 1974, nor the argument that administrators lack the expertise to follow the rule, insulate them from responsibility.

Gregory W. Bowman, The Comparative and Absolute Advantages of Junior Law Faculty: Implications for Teaching and the Future of American Law Schools, 2008 BYU Educ. & L.J. 171 (2008). This article compares the factors at play in effective law school teaching on the part of senior and junior faculty. The author identifies the junior faculty strengths of generational proximity to the law school student body, recency of law practice experience, and less risk of engaging in "conceptional condensation" of the course materials. The author further suggests an approach to improving law school teaching beyond the traditional approach that employs a unidirectional flow of information from senior to junior faculty. This approach includes means, such as intra-faculty workshops, junior faculty evaluation of senior faculty teaching, and informal mentoring programs, through which the junior faculty can share their strengths. …