Student Crisis: Where Is the Crisis?

The Clearing House, 2014

2012

Brian Z. Tamanaha’s book, Failing Law Schools, asserts and echoes criticisms of U.S. legal education, calling for the end of the required third year and of scholarly model of law teaching. In this book review, Steve Sheppard reads the historical record and statistical data and contends that Tamanaha’s arguments from history and policy fail. Sheppard charges Tamanaha with incomplete historical analysis, which leads to misleading conclusions. Specifically, the article details how Tamanaha’s acontextualism, analytical gaps, trouble with sources, and unsupported rhetoric lead the author to advocate remedies that fail to resolve real problems facing legal education. Sheppard provides data and history that are essential to a more contextual picture. The article concludes by explaining how Tamanaha’s proposals would harm not only law schools but also society at large, among other concerns, by limiting the quality of legal education available to the poor and the quality of the lawyer who wo...

Journal of College Student Development, 2019

Decisions in student affairs often require the integration of multiple knowledge bases (O'Brien, 2018). Although learning and development have historically been core values of the profession (Evans & Reason, 2001), legal demands on student affairs professionals have grown with increasing responsibility for compliance in areas like Title IX and campus speech policies (Kaplin & Lee, 2014; Lake, 2011). While guidelines for relevant legal training exist (American College Personnel Association & National Association of Student Personnel Administrators [ACPA & NASPA], 2015), student affairs professionals come from a variety of educational and professional backgrounds (Wesaw & Sponsler, 2014). Using a focused reanalysis of data derived from a constructivist grounded theory study of legal reasoning in student affairs, we explored how practitioners think about their own training in the law as well as how they perceive colleagues with advanced legal training (e.g., law degrees, participation in continuing education). LITERATURE REVIEW The vast majority of student affairs professionals receive their masters-level and doctoral-level training in higher education or student affairs programs (Wesaw & Sponsler, 2014). Professional standards for these programs suggest they should provide legal training to graduates but also note the field's long-running

The Seton Hall Law Review, 2014

Professor of Law, Washington and Lee n iversiL)' hool of Law. Thanks LO Jami on Shabanowitz for his research assistance .

H-Net Reviews, 2013

"Brian Z. Tamanaha’s book, Failing Law Schools, asserts and echoes criticisms of U.S. legal education, calling for the end of the required third year and of scholarly model of law teaching. In this book review, Steve Sheppard reads the historical record and statistical data and contends that Tamanaha’s arguments from history and policy fail. Sheppard charges Tamanaha with incomplete historical analysis, which leads to misleading conclusions. Specifically, the article details how Tamanaha’s acontextualism, analytical gaps, trouble with sources, and unsupported rhetoric lead the author to advocate remedies that fail to resolve real problems facing legal education. Sheppard provides data and history that are essential to a more contextual picture. The article concludes by explaining how Tamanaha’s proposals would harm not only law schools but also society at large, among other concerns, by limiting the quality of legal education available to the poor and the quality of the lawyer who would serve the poor and the middle class."

Education and the Law, 2006

Standard American dictionaries define a university as faculty, students and administrators as a collective body, and describe the university as being an educational institution of the highest order, offering undergraduate and graduate programs, and conferring degrees. A student is defined as a person who studies or investigates; and faculty are described as related to a branch of learning or the learned professions. In the ancient universities in the U.K., this meant that the responsibility of faculty was to give personal attention to the student, and the tutorial was the preferred model of instruction -allowing the student the freedom to engage in research of a topic, and the teacher to listen to the student's defense of his research or inquiry and engage the student by refutation, correction, or explanation. 1 The gradual trend toward mass higher education in the U.K. has significantly compromised the ideal, but the 'ancients' at least attempt to preserve small group teaching, if not the true tutorial. By contrast, the trend toward mass higher education in the U.S. has produced a virtual abandonment of the classic relationship between professor and student at large universities, and the cost of education at small private colleges has limited the opportunity for small group learning to those students who are from well endowed families, or students who are willing to take on significant debt to pay for a liberal arts education. 2 To the reality of mass education, and the high cost of higher education, has been added the emerging image of higher education as job -rather than life -related. At the turn of the Century in America, social philosophers and civil rights activists like Dr. W.E.B. DuBois championed the ideal of a true liberal arts education as essential to full participation in a 1 D. Palfreyman, 'The Oxford Tutorial: Sacred Cow or Pedagogical Gem?' in D. Palfreyman (ed.), The Oxford Tutorial (Oxford Center for Higher Education Policy Studies, 2002). 2 Education based on the incurring of debt is similarly criticized as socially unacceptable and less than sufficient to pay for the cost of the student's education in the UK higher education system. See D.

Journal of College Student Development, 2015

American Bankruptcy Law Journal, 2009

66 Syracuse Law Review 649

1979

Eight papers examining different aspects of the effects of court decisions on education are contained in this book, the second of two volumes. The papers were solicited from scholars in the fields of law, political science, sociology, and education in conjunction with a 1979 conference held in Madison, Wisconsin. The conference was called to analyze the impact of desegregation, finance, and student rights hrd discipline. Chapter 1 examines ways in which sociological scholars have conceived of legal impact. Chapter 2 explores the application of cultural jurisprudence as a mode of inquiry into high court decisions and includes a discussion of how to do a values study. In Chapter 3, Supreme Court cases dealing with student rights and discipline in the schools are examined in detail. The final chapter presents a model of implementation for educational reform litigation. (Author/LD)

1986

Deakin Law Review, 2005

This article examines the character of the university student in law in the context of wide-ranging changes to Australian higher education since the 1980s. The legal character of the student derives from two major sources: establishment of a university jurisdiction, primarily under State University Acts, and federal higher education funding legislation. With the rise of market/economic conditions in the sector, the student has become subject to tensions between these sources of law, increasingly resolved in terms of his/her existence as a "consumer" within a commercial university model. Alongside the older statutory university jurisdictions, the standing of the student is both increasingly complex and impoverished.] I * I would like to acknowledge the very helpful advice and comments of Dr. Michael McShane and Shirley Rooney in the preparation of this article.

Tips for Those Who Assist College Students A Recommendation for PRofessional develoPment Those who come in contact with students at the postsecondary level face a myriad of potential legal challenges in their interactions with students and others. All members of the academic community should be familiar with the more common legal issues and to plan accordingly to avoid future problems. This article explores FERPA in the classroom, reasonable accommodations for students with disabilities, concerns about the transferability of course work, the syllabus and related issues, copyright violations, document retention, and situations involving student and faculty misconduct. An annual professional development seminar addressing these legal concerns should be provided to those new to the academy and for higher education veterans.