Commentary- UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

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Articles

Ann Mallatt Killenbeck, Bakke, with Teeth?: The Implications o/ Grutter v. Bollinger in an Outcomes-Based World, 36 J.C. & U.L. 1 (2009). This article argues that Grutter v. Bollinger imposes stringent requirements on the use of race in admissions decisions by universities. The author examines the "diversity rationale" ultimately adopted by the Supreme Court in Grutter. The article then analyzes the Grutter decision, looking to the expected real-world relevance of diversity in higher education. The author then examines the consequences of Grutter, and analyzes evidence of benefits flowing from diversity in higher education. She concludes with an argument that diversity ultimately requires more than race-based decision-making if universities are to realize the desired benefits of Grutter-like admissions policies.

Derek P. Langhauser, Gun Regulation on Campus: Understanding Heller and Preparing for Subsequent Litigation and Legislation, 36 J.C. & U.L. 63 (2009). This article discusses the recent Supreme Court decision District of Columbia v. Heller and its implications for university regulation of firearm possession on campus. The author discusses the Second Amendment itself, the principle case, and the Court's interpretation of the amendment's historical context. The article then details the status of legislation and the present regulatory environment. The author then attempts to anticipate the level of scrutiny that future legislation will be required to meet in order to pass constitutional muster in the post-Heller world.

John L. Nicholson & Meighan E. O'Reardon, Data Protection Basics: A Primer for College and University Counsel, 36 JC. & U.L. 101 (2009). This article provides colleges and universities with guidance on complying with "privacy laws, regulations, and standards." The authors examine federal, state, and international privacy laws and suggest certain aspects of these laws be used as a foundation for an institution's own data privacy policy. Accountability is key to compliance with privacy laws and educational institutions should adopt policies for data privacy protection and appoint a special team to handle compliance. The authors make other suggestions, including allowing students to readily access their personal information and the privacy policy, and developing technological safeguards for preventing data theft and loss.

Susan E. McGuigan, Documenting Learning Disabilities: Law Schools' Responsibility to Set Clear Guidelines, 36 JC. & U.L. 191 (2009). Each year students with learning disabilities struggle to transition from college to law school because of varying disability guidelines. This article lays out the groundwork that would make this transition easier on these students. The author discusses the definition of "disability" with regard to education and its meaning in the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). The author suggests ways postsecondary educational institutions can legally fulfill disability requirements and make guidelines for documenting disabilities easier and more accessible to incoming students.

Anthony V. Baker, After the Gold Rush?: Grutter, Sander, and Affirmative Action' "on the Run" in the Twenty-First Century, 36 JC. & UL. 249 (2009). This article focuses on Prof. Richard H. Sander's study of affirmative action and the controversy surrounding his results. While Sander concluded that affirmative action is counter-productive, the author has a different view and suggests that the analysis of the numbers generated by the study is faulty. This error of analysis is shown first through a look at Sander's personal bias, next through possible shadows in the data itself, and finally through missing elements in Sander's methodology. The author concludes by suggesting alternative remedies to those posited by Sander.

Azhar Majeed, Defying the Constitution The Rise, Persistence, and Prevalence of Campus Speech Codes, 7 Geo. …