In a 6-3 ruling on Thursday, June 29, 2023, the U.S. Supreme Court struck down the use of race in college admissions at Harvard and the University of...

We Have Only Begun to Fight

Kimberly J. Robinson

This story begins with one parent who took his demands for equal educational opportunity for his children all the way to the highest court of our land...

Those Who Need the Most, Get the Least: The Challenge of, and Opportunity for Helping Rural Virginia

Andrew Block

Antonella Nicholas

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...

Addressing the School-to-Prison Pipeline Through Three Nontraditional Pathways

Gerard Robinson

He who opens a school door, closes a prison. – Victor Hugo Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a...

The Work of the American Law Institute in Historical Context

Kenneth S. Abraham

G. Edward White

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

"Charlottesville" as Legal History

Risa Goluboff

offers a preliminary legal history of the white supremacist and anti-Semitic violence that took place in my hometown of Charlottesville, Virginia on...

Why Can’t We Take Secession Seriously?

Cynthia L. Nicoletti

Sandy Levinson has always taken secession arguments seriously. This is, in my eyes, one of his great virtues. There are very few scholars who would be...

'Our Experiences Make Us Who We Are': Lessons from Thomas Ruffin and Dirk Hartog

Jessica Lowe

It was 1804, and Thomas Ruffin, future Chief Justice of the North Carolina Supreme Court, was having doubts about slavery. Ruffin was a young student...

Covid, Contracts, and Colleges

John K. Setear

This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...

How an Old Tort Became New: The Case of Offensive Battery

G. Edward White

Kenneth S. Abraham

This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...

Immunity Rules

John C. Harrison

Analysis based on Hohfeld’s analytical system shows that liability rules, as defined by Guido Calabresi and A. Douglas Melamed, are a false category...

Hohfeld on Legal Language

Frederick Schauer

Wesley Newcomb Hohfeld is well-known for maintaining that various terms in law – “rights,” most prominently – confusingly designate a number of quite...

Co Authoring in Legal Academia

G. Mitu Gulati

Co authoring saved me. Literally. But for the fact that my senior colleagues at UCLA did not care whether I ever wrote anything sole authored, I don't...

Reactions to the Biden administration’s proposed Title IX changes from education law scholars

Kimberly J. Robinson

Suzanne Eckes

R. Shep Melnick

On June 23, 1972, President Nixon signed the Education Amendments Act of 1972. Title IX of the Act has become one of the most important, yet contested...

Alexander Hamilton, the Nondelegation Doctrine, and the Creation of the United States

Aditya Bamzai

In the period immediately preceding the Constitution’s adoption, New Yorkers engaged in a spirited debate over whether a proposed delegation from the...

Title IX and the Future of Education: Reform or Overhaul?

Julia D. Mahoney

In “A Tale of Two Statutes,” Elizabeth Kaufer Busch takes a hard look at Title IX on its fiftieth anniversary. Her conclusion? That the landmark civil...

From “Undeserving Criminals” to “Second Chance Students”: Pell Grant Eligibility and Incarcerated Students

Gerard Robinson

Between 1994 and 2021, the battle in Washington to strip and then reinstate Federal Pell Grant Program eligibility for students inside U.S. prisons...