Analysis and Commentary on Education

Lessons From Princeton’s Struggles With Woodrow Wilson’s Racism

Cornell University law professor Michael Dorf considers whether Princeton should remove Woodrow Wilson’s name and likeness from the campus due to Wilson’s racist views and actions. Dorf points out that the question is complex for a number of reasons, and rather than offering an outright answer, he provides a framework for evaluating this and similar issues.

Some Preliminary Thoughts on the Lawsuits and Protests by Asian Groups and Individuals Alleging Unfair Treatment by College Admissions Offices

UC Davis law professor Vikram David Amar addresses some initial criticism of discrimination lawsuits filed by Asian groups and individuals against Harvard and the University of North Carolina for alleged unfair treatment in admissions. Without predicting where the litigations will ultimately lead, Amar identifies and debunks three flawed arguments against the lawsuits.

Lower Bar Pass Rates in Some States Should Cause Us to Examine This Year’s Test, and the Bar Exam in General

U.C. Davis law professor Vikram David Amar comments on the lower bar pass rate for the July 2014 exam as compared to prior years. Amar discusses the response by the exam’s creators and how educators, practitioners, and others can use the incident to explore broader questions regarding the licensure requirements for the practice of law.

The Road Show Blaming Teachers for Society’s Ills Moves from California to New York

George Washington University law professor and economist Neil Buchanan discusses a recent ruling by a California superior court judge striking down that state’s tenure system for public school teachers. Buchanan explains why the ruling lacks adequate basis and argues that tenure is actually an essential part of attracting and retaining talented teachers.

Is the University of California Wrong For Admitting More Non-Californians?

UC Davis law professor Vikram David Amar discusses the claim that the University of California is admitting out-of-state and international students to the exclusion of California students. Amar describes some of the factual misunderstandings leading to this criticism and explains why the University’s present solution actually represents a balancing act that benefits California students.

Academic Freedom Is Not Immunity From Robust Debate in the Marketplace of Ideas

Cardozo Law School professor Marci Hamilton argues for the importance of academic freedom but distinguishes it from immunity from debate in the marketplace of ideas. She comments on a recent Freedom of Information Act (FOIA) request targeting University of Virginia School of Law professor Douglas Laycock for allegedly using university resources for anti-LGBT ends. Hamilton calls the formal FOIA request unnecessary but the intent to question how his public positions on various issues play out in the real world. Hamilton describes a number of positions Laycock has taken publicly that support the view that he is an advocate for extreme religious forces.

The Ninth Circuit Departs From Tinker in Upholding Ban on American Flag T-Shirts in School

Justia columnist and Chapman law professor Ronald Rotunda discusses a Ninth Circuit case holding that a public school could permit students to wear t-shirts bearing the Mexican flag while banning students from wearing shirts with an American flag. Rotunda argues that the Ninth Circuit’s reasoning runs counter to the language and logic of the U.S. Supreme Court case Tinker v. Des Moines Independent School District and its progeny, and effectively sides in favor of the heckler’s veto.

How the Biggest Supreme Court Victory for Affirmative Action a Decade Ago Contributed to the Defeat for Affirmative Action Last Month in the Schuette Case

Justia columnist and U.C. Davis law professor Vikram David Amar discusses the U.S. Supreme Court’s recent decision in Schuette v. Coalition to Defend Affirmative Action upholding the Michigan state constitutional ban on race-based affirmative action. Amar explains how the Court’s 2003 decision in Grutter v. Bollinger—widely regarded as a victory for proponents of affirmative action programs—paradoxically contributed to the outcome in Schuette. Amar concludes that while diversity is a worthwhile rationale for race-based admissions programs, minority students would be better served if that rationale supplemented, rather than a replaced, the original remedial purpose of such programs.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more