Analysis and Commentary on Education
Education Department Faults Illinois School District for Excluding Transgender Girl from Locker Room Changing Area

Cornell University law professor Sherry F. Colb comments on a finding by the U.S. Department of Education Office for Civil Rights that an Illinois school district had violated anti-discrimination laws by barring a transgender girl from showering and changing in the girls’ locker room without restrictions. Colb argues that perhaps the best solution for everyone may be to have individual showers for everyone, rather than singling out a single person or disregarding the privacy concerns of everyone.

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.

UC Story: Parting Reflections as I Transition Away From the University of California

Law professor and dean designate of the University of Illinois College of Law Vikram David Amar reflects on his tenure as a professor and administrator at the University of California. While Amar extols the University as being the greatest public university system in the world, he highlights a few challenges that it faces as it moves forward.

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.

How Prospective Law Students Can Make Better Use of the U.S. News Law School Rankings That Are About to Be Released

U.C. Davis law professor Vikram David Amar and guest columnist and dean of UC Davis law school Kevin R. Johnson offer five ways in which law students might better use the U.S. News law school rankings when they are released.

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.

College Sports Should Be Treated as a Source of Funding for Nonprofit Universities, Not as a For-Profit Business

George Washington University law professor and economist Neil Buchanan explains why college sports should be treated as a source of funding for their nonprofit universities rather than as for-profit businesses.

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.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... 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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

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