Universities and Other Institutions of Higher Education

Journal of Law and Education, Spring 2013 | Go to article overview

Universities and Other Institutions of Higher Education


Articles

Rebecca J. Huss, Canines on Campus: Companion Animals at Postsecondary Educational Institutions, 77 Mo. L. Rev. 417 (2012). This article focuses on laws allowing pets and service animals on college campuses. The issue of allowing service animals for persons with disabilities who live on college campuses has been challenging, but the author believes the problem may now be simplified by the Americans with Disabilities Act (ADA). The author argues that the ADA can be interpreted to allow "companion animals," or animals used to assist individuals with psychiatric issues, onto college campuses. Recent changes to the ADA make it applicable to college campuses, and open the door to service and companion animals in residence halls. The author concludes with several examples of postsecondary institutions that already allow pets on campus and argues that this trend could spread to even more campuses.

Nancy Chi Cantalupo, "Decriminalizing" Campus Institutional Responses to Peer Sexual Violence, 38 J.C. & U.L. 481 (2012). This article argues colleges and universities are incapable guardians when it comes to preventing and disciplining sexual violence on and around campuses. The author analyzes how such institutions respond to claims of sexual violence and states that on both ends of their responses, policymakers are adopting disciplinary procedures that criminalize the action. Finding that the current methodology for handling these claims only increases the problem, the author suggests that in order to comply with their legal obligation and ultimately end the violence, institutions need to decriminalize their responses to the problem and implement traditional student disciplinary proceedings.

Christopher S. Collins & T. Richmond McPherson m, How Tri-Valley University Fell Off the Diploma Mill: Student Immigration and Façade Education, 38 J.C. & U.L. 525 (2012). Using Tri-Valley University as a backdrop, this article explores the current issues regarding international students studying at for-profit institutions that take advantage of these students. By implementing a case study methodology to analyze the issue, the author criticizes the current legal framework utilized to improve institutions to educate international students. Arguing that a more effective framework would improve the regulation for the certification of schools that enroll international students, this article outlines three proposals to help improve the current system of admitting foreign students to study at for-profit institutions.

Gary Pavela & Gregory Pavela, The Ethical and Educational Imperative of Due Process, 38 J.C. & U.L. 567 (2012). This article argues colleges and universities should want to provide due process to students who have committed violations as a matter of policy. Due process, especially that dealing with student engagement in campus governance, fosters a sense of legitimacy in college and university policies and is essential to the aims of contemporary higher education. The author surveys several key due process holdings and confirms that imposing mandatory sanctions for student misconduct is the wrong direction for institutions to take. Rather, less authoritarian models provide a sentiment to students that the rules and policies being enforced are worthy of being obeyed.

Judge Thomas L. Ambro and Paul J. Safier, The First Amendment, The Courts and "Picking Winners," 87 Wash L. Rev. 397 (2012). This article discusses several points made in Dean Robert Post's book Democracy, Expertise, and Academic Freedom: the idea that the courts are required to determine which viewpoint is better in a time of advancement of knowledge in a democracy; and an individual's constitutionally protected academic freedom, even when enforced against an academic institution. The authors conclude that court involvement to the extent suggested by the book is too much.

Student Work - Articles, Notes, and Comments

Lavinia M. …

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