Law Review Digests- UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

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Articles

Mark L. Adams, The Quest for Tenure: Job Security and Academic Freedom, 56 Cath. U. L. Rev. 187 (2006). This article examines the history of tenure, the tenure process itself, and the impact it has on the employment relationship and the university as a whole. The author defends the academic freedom stemming from job security and the fairness of requiring cause as a requisite for dismissal of a tenured professor. The article concludes that performance incentives and other procedural changes can be sufficient to deal with problems that sometimes arise from the tenure process.

Ian Ayres & Sidney Foster, Don't Tell, Don't Ask: Narrow Tailoring After Grutter and Gratz, 85 Tex. L. Rev. 517 (2007). The Supreme Court's analyses in the affirmative action decisions of Grutter v. Bollinger and Gratz v. Bollinger were incorrect. These decisions create a requirement that admissions programs provide "individualized consideration" concerning race. There must be a return to the "rninimum necessary preference" requirement, and the courts must focus on whether granting preferences of a given size outweigh the constitutionally relevant costs.

Robert A. Caplen, The "Fifth" Freedom: Freedom from Impermissible Expansion of Academic Freedom to University Admissions, 36 Sw. U. L. Rev. 1 (2007). This article traces the U.S. Supreme Court's expansion of substantive principles of academic freedom to include procedural university admissions that promote an aesthetically diverse class composition. The author argues that the Court expanded this concept by selectively quoting from earlier opinions and concealing the specific context in which the scope of academic freedom originally applied. This expansion ultimately jeopardizes the vitality of strict scrutiny analysis applicable to affirmative action policies.

Margaret Chon, Intellectual Property "From Below": Copyright and Capability for Education, 40 U.C. Davis L. Rev. 803 (2007). This article focuses on global intellectual property regulation and its effect on developing nations' access to educational materials. Furthermore, the article explores developing the nations' lack of access to copyrighted educational tools, particularly books. The author concludes by proposing an IP "from below" theory, which would grant greater access to textbooks to those unable to secure these materials because of costs attributed to copyright laws.

Darby Dickerson, Facilitated Plagerism: The Saga of Term Paper Mills and The Failure of Legislation to Control Them, 52 Vill. L. Rev. 21 (2007). Plagiarism has reached crisis levels on college campuses across America. While colleges have created honor codes and legislatures have enacted statutes, term-paper mills on the internet are thriving. In order to address the issue of plagiarism on college campuses the concepts of environmental management must be applied to issues of academic dishonesty, including facilitated plagiarism.

Christopher M. Fairman, Fuck, 28 Cardozo L. Rev. 1711 (2007). This article considers the legal implications of the word "fuck." The author begins with a multi-discipline analysis of the word as well as detailing the historic and modern usage of the word. The taboo associated with the word and the interaction that taboo has on the law are discussed in context of the First Amendment, broadcast regulation, sexual harassment and education. Ultimately, these relationships yield what the author terms, "fuck jurisprudence."

Glenn George, Playing Cowboys and Indians, 6 Va. Sports & Ent. L. J. 90 (2006). This article discusses the NCAA's actions surrounding the use of Native American names and symbols by its universities. It explores the constitutionality of the Executive Committee's actions and outlines the inconsistent application of the "hostile and offensive" standard. The article concludes by contrasting the Association's actions surrounding Native American symbols with its actions regarding gender inequality and Title IX. …