Law Review-UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

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Articles

Clay Calvert, Freedom of Speech & the High Price of College Textbooks: Do Laws Affecting Disclosure of Textbook Information Go Too Far and Violate the First Amendment? 2008 Mich. St. L. Rev. 637. This article examines recently passed state legislation designed to combat skyrocketing college textbook prices. It seeks to determine whether the disclosure requirements, commonly included in the new laws, violate the 1st Amendment. The author is concerned that the laws will unconstitutionally compel speech from book publishers and distributors and that they impermissibly regulate protected commercial speech. The author concludes that the new laws would likely be found unconstitutional under the commercial speech doctrine.

Toni Lester, Talking about Sexual Orientation, Teaching about Homophobia - Negotiating the Divide between Religious Belief and Tolerance for LGBT Rights in the Classroom, 15 Duke J. Gender L. & Pol'y 399 (2008). This article provides a detailed analysis of the subject matter and teaching methods employed in a college course entitled "Intolerance, Culture, and the Law." The author, who is also the course teacher, encourages students to engage in "ruthless self-reflection" while she facilitates and mediates the experience. The article highlights the importance of getting students to talk openly and think freely about homosexual rights.

Steve D. Shadowen, Sozi P. Tulante and Shara L. Alpern, No Distinctions Except Those Which Merit Originates: The Unlawfulness of Legacy Preferences in Public and Private Universities, 49 Santa Clara L. Rev. 51 (2009). The authors argue that the privilege of legacy preference in university admissions should be rejected based on constitutional and public policy grounds. The authors also argue that case law suggests that the decision to admit legacy students at public and private universities should be subjected to a strict scrutiny standard of review. As the authors find that legacy admissions do not survive strict scrutiny, they conclude that legacy admissions at public and private universities violate the Equal Protection Clause of the Constitution.

Michael J. Davidson, Court-Martialing Cadets, 36 Cap. U.L. Rev. 635 (2008). This author discusses the cadet court-martials of famous generals, academy racial controversies, and other notable West Point incidents. The author then outlines the ranking of cadets in military jurisdiction, reviews the academy culture of hazing, and analyzes the jurisdictional problems with cadets' susceptibility to court-martial. The author concludes that cadets are inchoate officers and thus, hold the rights and privileges of officers, even if not their commission.

Jennifer Elrod, Critical Inquiry: A Tool for Protecting the Dissident Professor's Academic Freedom, 96 CaI. L. Rev. 1669 (2008). This article describes controversial comments regarding the September 11th terrorist attacks made by Ward Churchill and the subsequent University investigation that led to his termination. Since the American Association of University Professors' (AAUP) deems extramural comments a principle of academic freedom but does not provide a mechanism for protecting that freedom, the author argues that the process of critical inquiry may be a solution. The author concludes that the critical inquiry process allows for a wide-ranging debate within a set of defined rules, and thus, is an apt solution as it preserves the value of debate characteristic of higher learning and protects and enhances our democratic system of governance.

Notes & Comments

Eliminating Harmful Suicide Policies in Higher Education, 19 Stan. L. & Pol'y Rev. 328 (2008). The author addresses the current legal landscape regarding university suicide policies. The author states punishing students by banishing them is improper. The author maintains that legislative action is the most appropriate tool and establishes a legislative approach that requires the institution take reasonable steps toward treatment for students at risk of committing suicide. …