Key to a new contract for education is understanding that knowledge is not scarce, it is not a commodity, and it does not belong in a market economy. Instead, knowledge exchange is gift exchange, and education, when not thwarted or constricted, demonstrates its abundance. The abundance of knowledge operates in ways similar to the abundance of…

This contribution explores the legal scope of a concept that is indispensable to the existence of academia; the principle of academic freedom. More particular, this research addresses this concept within the European Union. Particular attention is paid to the recent milestone judgment of the CJEU in the case of European Commission v. Hungary. In…

Affirmative Action in higher education exemplifies interest convergence, and beyond this, interest divergence and imperialistic reclamation. Diversity initiatives, such as the Inclusive Excellence initiative, have adopted key strategies and reasoning developed in Affirmative Action Supreme Court cases. This paper shows how semantic concessions and…

National Youth Poet Laureate Amanda Gorman's poem "The Hill We Climb"--among the most powerful moments of the 2021 presidential inauguration--inspired the central inquiry of the 18th Annual "Brown" Lecture in Education Research: Why are we still climbing the hill of educational equity 67 years after the U.S. Supreme Court's…

Title IX Coordinators are responsible for implementing standardized procedures related to each component of Title IX procedures on college and university campuses. The problem this study addressed was the gap in practice regarding the ways colleges and universities implement standardized procedures to ensure equitable due process for involved…

There has been an increase in political policies banning diversity, equity, and inclusion (DEI) initiatives in colleges and universities in the United States. In the current research, I focused on examining how two different types of communication strategies influence White people's attitudes toward political policies. The first communication…

The purpose of this paper is to document the indirect effects of the Texas Top Ten Percent Plan on professional school degrees awarded and to propose the far reach of the law as an alternative argument in support of race-conscious admissions policies challenged under the strict scrutiny standard. Designed around the two tests of strict scrutiny,…

In "Garcetti v. Ceballos" (2006), the Supreme Court of the United States held that public employees are not protected by the First Amendment when they speak pursuant to their official duties. The dissenting justices raised the question of how this precedent might be inappropriately applied to faculty at public colleges and universities.…

This case study is designed for graduate students interested in higher education finances. It presents the challenges that higher education is facing regarding financial exigency elements that have led to responses with a primary focus on mergers. This financial exigency process has also caused increased legal considerations in higher education…

In this qualitative study, 21 Title IX federal court cases between 2000-2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits.…

In June, the U.S. Supreme Court brought to a close the country's decades-long experiment in affirmative action in a pair of closely watched cases--"Students for Fair Admissions v. President and Fellows of Harvard College" and "Students for Fair Admissions v. University of North Carolina"--and overturned the use of racial…

This article contributes to the critical policy studies of educational governance and its crisis, through canvassing Basil Bernstein's concept of the 'totally pedagogised society' (TPS). The TPS witnesses not only the growth of transnational private actors, but also the disjuncture between global and national agendas of reform, on the governance…

Using critical discourse analysis, this article reveals how power is inherent in and maintained through Title IX campus-based adjudication processes. We interrogate the role of identity and power in Title IX adjudication processes through an intersectional analytic framework. We challenge the reliance on fairness and neutrality, which leads…

Most education and legal scholarship overlook gendered-race themes in pre-Brown v. Board of Education desegregation higher education cases that remain relevant to examining post-"Brown" race-conscious admissions cases. The author engaged critical race feminism to create a counterstory with Ada Lois Sipuel Fisher, a U.S. Supreme Court…

Juries are a high-stake practice in higher education to assess complex competencies. However common, research remains behind in detailing the psychometric qualities of juries, especially when using rubrics or rating scales as an assessment tool. In this study, I analyze a case of a jury assessment (N = 191) of product development where both…