Law Review Digests-Universities & Other Institutions of Higher Learning
Michelle Adams, Isn't it Ironic? The Central Paradox at the Heart of "Percentage Plans," 62 OHIO ST. L.J. 1729 (2001). Some states have eliminated college admissions departments' affirmative action plans and have replaced them with "percentage plans." A percentage plan is supposed to increase diversity in colleges by accepting the top percentage of applicants from each secondary education institution. The author explores the ironic notion behind the plan that secondary institutions are still racially segregated and unequal. She urges states to examine the underlying issue - that secondary schools are still racially segregated and unequal, and to work for the elimination of that inequality in secondary schools as well as higher education institutions.
Jon B. Gould, The Precedent That Wasn't: College Hate Speech Codes and the Two Faces of Legal Compliance, 35 LAW & SOC'Y REV. 345 (2001). The author reexamines college hate speech regulations in light of recent cases which found these codes to be constitutionally suspect. The author finds that these codes are increasingly prevalent, rather than disappearing, and discusses why these codes still exist. The author mentions concerns expressed by institutional officers about sexual and racial harassment.
Roberta Rosenthal Kwall, Copyright Issues in Online Courses: Ownership, Authorship and Conflict, 18 SANTA CLARA COMPUTER & HIGH TECH. L.J. 1 (2001). This article discusses the intellectual property questions generated by the advent of distance education and on-line courses in higher education. The author examines copyright authorship, ownership, attribution and integrity rights of educators producing on-line course materials.
Suzanne R. Painter, Improving the Teaching of School Law: a Call for Dialogue, 2001 B.Y.U. EDUC. & L.J. 213 (2001). The article is a discussion of the problems facing the teaching of school law. Applying recent developments in cognitive science, the author concludes by inviting dialogue among those interested in seeing reform in the education of preservice administrators.
Nancy Tribbensee, Tort Litigation in Higher Education: a Review of Cases Decided in the Year 2000, 28 J.C. & U.L. 271 (2002). This article discusses the legal duties of colleges and universities to their students, employees, contractors, and visitors. The author emphasizes the duty of colleges and universities to advise and communicate possible risks associated with academic experiences to students, the need for continuing reevaluation of campus policies dealing with harassment in order to adequately protect students from violence, and the importance of educating faculty and staff about defamation and privacy laws. …