Posts Tagged ‘colleges and universities’

Campus climate roundup

  • As part of “human rights capstone project” Yale student disrupts professors deemed not progressive enough, including law school’s estimable Akhil Amar. Time for the university to reaffirm the Woodward Report and intellectual freedom [Yale Daily News: Audrey Steinkamp, Matt Kristoffersen followup]
  • “The foundational claim leveled by anti-racism protestors is that violence is ubiquitous on campus…. Violence is not meant to be taken metaphorically…. Threats to life are now commonplace accusations.” [Darel E. Paul, Areo] “What is the difference between firing tenured professors and removing them from required classes?” [Jonathan Adler]
  • “Faculty at universities across the country are facing an echo of the loyalty oath, a mandatory ‘Diversity Statement’ for job applicants…. in reality it’s a political test, and it’s a political test with teeth.” [Abigail Thompson, Notices of the American Mathematical Society via Colleen Flaherty, Inside Higher Ed and thence via Bainbridge; more, Jerry Coyne and Joel Fish thread with background on new UC centralized hiring procedures; earlier and more on mandatory diversity statements]
  • Not at all scary or authoritarian for rightists discontented with the political tenor of academia to call for seizing university endowments [for instance, more, a sampling of chatter on Twitter]
  • Emphasis on writing quality and rigor in coursework decried as instruments of European supremacy [Arnold Kling] California Assembly passes bill requiring all undergrads to take ethnic studies course before graduating [Tony Lima critique]
  • Urban Institute report claims higher education has seen rightward political shift. Really? [Phillip W. Magness, American Institute for Economic Research with a skeptical look]

Higher education roundup

  • Federal judge upholds Harvard’s admissions policy against charges of discrimination against Asian Americans, appeal likely [Anemona Hartocollis, New York Times; Roger Clegg/Martin Center; Neal McCluskey, Hechinger Report (“private institutions should be free to have affirmative action, but it should be prohibited at public institutions”); Ilya Shapiro, WSJ last year]
  • In Florida, following an initiative from Gov. Ron DeSantis, state universities expected to adopt versions of “Chicago Statement” committing to freedom of expression [Mary Zoeller, FIRE]
  • Under antitrust pressure from the U.S. Department of Justice, college association drops guidelines discouraging “poaching” students and other competition for enrollment. Could mean big changes in admissions process [Scott Jaschik, Inside Higher Ed]
  • In case you missed this angle in the astounding Bruce Hay story earlier: Hay “has already run afoul of [Harvard] investigators for reaching out to journalists (namely me), which they view as an act of retaliation” under Title IX [Kera Bolonik]
  • “The Galling Push for a Student Debt Bailout” [Cato Daily Podcast with Christian Barnard and Caleb Brown] If more of the same is what you want, you’re in luck with the House majority’s new College Affordability Act [Neal McCluskey, Cato]
  • The story of Oberlin College’s town-gown legal debacle in the Gibson case [Abraham Socher, Commentary] Return of the loyalty oath, cont’d: update on University of California requirement that all faculty candidates “submit an equity, diversity and inclusion statement as part of their application” [Nora McNulty, Daily Bruin; Stephen Bainbridge; earlier] Professor at the New School exonerated after quoting James Baldwin [FIRE] Students at University of Tennessee, Knoxville, have a lot of sensitivity training in their futures. Coming to 4-H too? [Hans Bader]

Scholarship gone right, and wrong

Old, new property law casebooks make for a contrast of doctrine versus indoctrination [Charles Rounds Jr., Martin Center] Former Yale dean Anthony Kronman’s latest book, The Assault on American Excellence, is a pointed critique of trends at elite universities [Caron/TaxProf; I reviewed one of Kronman’s earlier books back when] Shortcomings of present law school model leave dire need for alternatives [Mark Pulliam, Southeast Texas Record] “On the Ethics of Legal Scholarship” [Marquette Law Review symposium with Carissa Byrne Hessick, Paul Horwitz, and others]

“Ohio State seeks to trademark the word ‘The'”

“Ohio State is seeking a trademark on one of the most common words in the English language. The school, formally known as The Ohio State University, is seeking a trademark on the word ‘The’ for use on clothing and hats.” [ESPN] The rival University of Michigan responded:

Meanwhile, a small firm in Wales called Boss Brewing has changed the name of some of its products following trademark opposition and cease and desist correspondence from the German clothing maker Hugo Boss. [Timothy Geigner, TechDirt]

Update: the U.S. Patent and Trademark Office has sent a letter to Ohio State indicating that the application will be rejected, although one of its reasons might be unsettling, namely that another applicant (the Marc Jacobs fashion house) had already filed to seek a trademark on the word “The” as applied to handbags, knapsacks, and the like [Caron/TaxProf]

Higher education roundup

“Time cards for adjuncts?”

Legislation in the California assembly aims at heading off the prospect that private colleges and universities will require adjunct professors to begin operating on time card systems:

In recent years, a number of colleges and universities have settled faculty overtime violation lawsuits filed by the same California law firm — lawsuits that even many adjuncts say are frivolous. Stanford University, for example, last year settled for nearly $900,000 in a class-action suit regarding instructors in its continuing studies program. Attorney’s fees accounted for one-third of the settlement, so adjuncts involved were each entitled to a partially taxable $1,417. Kaplan University also settled, according to public documents. Other suits have been settled more quietly. Public institutions in California, whose adjuncts are generally unionized, have not been affected.

Private colleges and universities have responded to the ongoing legal threat by either making or planning to make their adjuncts document all of their working hours on time cards.

Tinker with its details as one will, wage and hour law necessarily proceeds on the premise of regimenting the workplace by the minute. That’s why the time clock is its symbol. [Colleen Flaherty, Inside Higher Ed]

Federal credit-reporting law may cover profs’ student recommendations

Now this is just bizarre: the federal Fair Credit Reporting Act is so loosely written that it may threaten professors with liability related to their writing of some student recommendations. In particular, the FCRA may apply if the recommendation ventures beyond direct experience, such as the student’s performance in class, to other pertinent information such as jobs the student may have held. In that case the professor or college might be legally obliged to furnish certain notices to students, which few or none currently do.

As a practical matter, because “the FCRA was designed to protect consumers from misconduct of credit bureaus and users of their information, it contains various protections that don’t fit well in the world of law school recommendations. For example, under 15 USC § 1681e, law schools would have to ask recipients of the recommendations (judges?) to certify certain things about their use of the information. Employers who based a decision at least in part on a recommendation would have to provide certain notices to the student, 15 USC § 1681m, after which students could obtain certain information from the school under 15 USC § 1681g. And so on.” [Jeff Sovern, Consumer Law and Policy]

Higher education roundup

  • Harvard lawprof Ronald Sullivan Jr. driven from post as faculty dean of a residential house at the university after student protests of his representation of Harvey Weinstein [Jeannie Suk Gersen, New Yorker; Dianna Bell, WBUR; and for a different perspective Tyler Cowen] Stuart Taylor, Jr. has some questions about Harvard’s investigation, on charges of sexual misconduct, of noted economist Roland G. Fryer Jr. [Real Clear Investigations] 30 protesters rush the stage, ending Harvard President Lawrence Bacow’s speech: “The heckler’s veto has no place” [Robby Soave, Reason]
  • Rules mandating gender quotas in hiring committees at French universities may have backfired, as “committees affected by the quota were significantly less likely to hire women” [Chris Woolston, Nature]
  • Maryland lawmaker proposes collective bargaining for student athletes [Bruce DePuyt, Maryland Matters]
  • “…and suggested that Plaintiff obtain an expensive genetic test to see if she could qualify as Native American or American Indian to garner better chances of being accepted to” the professional school [John S. Rosenberg, Minding the Campus] Families of wealth and standing have special reason to dislike standardized testing. But they’re quite good at dressing up their resentments as progressive [Daniel Friedman, Quillette]
  • “Does Yale Law School’s Antidiscrimination Policy on Subsidies for Student Employment Discriminate on the Basis of Religion? [Ilya Somin, who concludes that it doesn’t]
  • This year, as every year, checking the line-up of commencement speakers provides a handy way to size up the Forces of Unanimity on the American campus [Keith Whittington]

Free speech roundup

  • Turkish economist “Snatched at Night, Questioned for ‘Insulting’ Erdogan” [Asli Kandemir and Taylan Bilgic, Bloomberg News] “Croatian journalists stage protest against abusive lawsuits” [IFEX]
  • SCOTUS has made clear that First Amendment generally bans government from “retaliat[ing] against a contractor… for the exercise of rights of political association.” That should doom Los Angeles ordinance requiring contractors to disclose ties to National Rifle Association (NRA) [Eugene Volokh]
  • “How Regulation Cripples Online Political Speech” [Cato Daily Podcast with attorney Allen Dickerson with the Institute for Free Speech; related on unconstitutional Maryland law] License to chill: New Jersey bill would require disclosure of donors involved in “providing political information on any candidate or public question, legislation, or regulation” [Emily Kelchen, Federalist Society]
  • Alabama publicity rights law trips up documentary series with focus on deceased man [Timothy Geigner, TechDirt]
  • “Libel Case Can’t Be Litigated with the Alleged Libel Sealed, Says Federal Court” [Volokh]
  • “Why Is the Fight for Free Speech Led by the Psychologists?” [Scholar’s Stage] From last year, another review of Keith Whittington’s book on academia, Speak Freely [James Stoner; earlier here, here]