Universities and Other Institutions of Higher Learning

Journal of Law and Education, Winter 2018 | Go to article overview

Universities and Other Institutions of Higher Learning


Articles and Student Work

Herwig Schlunk, Why The Charitable Deduction for Gifts to Educational Endowments Should be Repealed, 71 U. Miami L. Rev. 702-757 (2017). The author of this article advocates for altering the tax rules that apply to private institutions of higher education to reduce the tax benefits they receive. Instead of focusing the analysis on taxation of institutions directly, the author chooses to criticize the categorization of gifts to private institutions' endowment funds as tax-deductible. The increased size of private institutions' endowments, compared to negligible student population increases and large tuition increases detailed in the article indicate endowments do not satisfy a public goal of educating individuals, which ju_72.tifies the discontinuation of gifts to private institutions' endowments as tax-deductible.

Bethany A. Corbin, Riding the Wave or Drowning?: An Analysis of Gender Bias and Twombly/Iqbal in Title IX Accused Student Lawsuits, 85 Fordham L. Rev. 2665-2715 (2017). This article examines the rights held by students accused of sexual assault on college campuses. Specifically, it analyzes due process violations committed by universities, like the shifting of the burden of proof to the accused in discipline hearings. In addition, the author explores the use of reverse Title IX lawsuits to object to this deprivation of rights. Finally, the article proposes a more flexible pleadings scheme, based on the court's decision in Swierkiewicz, that complaints should be judged on their plausibility.

Paul Heaton, et. al., The Short- and Long-Run Effects of Private Law Enforcement: Evidence from University Police, 59 J.L. & Econ. 889912 (2016). This article is a data driven analysis of the effects private police forces have on the safety of the communities they are hired to protect. Using the University of Chicago Police Department as a model, the author examines data using a difference-in-difference approach for short-term effects and a geographic regression discontinuity designed for long-term effects. Through their analysis the author found that the private police force did not have an impact in the short term, but in the long term additional policing reduced violent crime by over 50 percent. The author concludes that private campus law enforcement could be a cost-effective way to address safety problems in communities.

Samuel T. Jay, Student Work: Comment, A Higher Power Produces Greater Problems: How Religious Honor Codes and Religious Schools Exacerbate Campus Sexual Assault, 25 Am. U. J. Gender Soc. Pol'y & L. 179-209 (2017). This comment discusses religious colleges' and universities' approach to campus sexual assault and the remedies available to campus sexual assault victims. The author concludes that these approaches violate the Due Process Clause and Equal Protection of the Fourteenth Amendment and therefore are unconstitutional. As a remedy, the author suggests that the legislature expand Title IX coverage to include religious institutions and that these institutions be regulated under Title IX, the Clergy Act, and the Campus SAVE Act.

Symposium

Symposium, 2016 James R. Browning Symposium: Sexual Assault on Campus: Conflicts Between Campus and Courts, 78 Mont. L. Rev. 1- 224 (2017). Lucy France, Two Steps Forward, 78 Mont. L. Rev. 1-7 (2017). Michael W. Cotter, 2016 James R. Browning Symposium Keynote, 78 Mont. L. Rev. 9-19 (2017). Andrea A. Curcio, Institutional Failure, Campus Sexual Assault and Danger in the Dorms: Regulatory Limits and the Promise of Tort Law, 78 Mont. L. Rev. 31-70 (2017). Erin E. Buzuvis, Title IX and Procedural Fairness: Why DisciplinedStudent Litigation Does Not Undermine the Role of Title IX in Campus Sexual Assault, 78 Mont. L. Rev. 71-108 (2017). Deborah L. Brake, Fighting the Rape Culture Wars Through the Preponderance of the Evidence Standard, 78 Mont. L. Rev. 109-153 (2017). Kevin Cole, Sex and the Single Malt Girl: How Voluntary Intoxication Affects Consent, 78 Mont. …

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