Returning College Athletics to College Students

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Category: Higher Education, Public, Sports & Law
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kansas city chiefs football gamesThere is a simple way to end the hypocrisy that is modern college sport and at the same time preserve the much-beloved pageantry of men’s college football and basketball.

First of all, we need to embrace the idea that college athletics should be a part of the educational mission of colleges, and not part of their “providing entertainment” function. Subject to the exception for men’s football and basketball set out below, participation in college athletics should be limited to regularly enrolled students who chose to attend their college free from the enticement of special financial support.

The first step is to abolish all athletic grants-in-aid (euphemistically called athletic scholarships) except for those awarded in men’s football and basketball. Except for a few pockets of fan support for college baseball and hockey and women’s basketball, the simple fact is that most sports fans do not care about college sports other than football and men’s basketball. Read more »

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Teaching, Technology, and Eckstein Hall

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There is convergence of ideas about teaching and technology around the Law School lately. The Law School is holding idea sessions as part of our strategic planning process.  A significant part of the discussion involves teaching: effectiveness, learners, full and part-time education.  Earlier this week Douglas Fisher published an article in the Chronicle of Higher Education on “flipping” his database course at Vanderbilt. Flipping a course refers to taking the in-class lecture component and moving it to an online component, usually accomplished by recording the lecture. Earlier this summer I attended a presentation by Professor Norman Garland (Southwestern School of Law) who flipped his Evidence course and reported on the process and results. These threads all come together this week for me.

We haven’t flipped any classes here but we have blended (a term Garland prefers to flipping) a few. Some MULS faculty have been long time adopters of technology both in the classroom and outside. Many have electronic course pages, electronic supplements, electronic casebooks, and even video webcasts of course supplements. Several faculty here have blended some of their traditional in-class instruction with required out-of-class viewing of lectures. The MULS faculty who have blended their classes use the out-of-class lecture to establish the basics of the topic, which means in-class instruction can focus less on establishing the topic and more about exploring its nuances and its applications. Read more »

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Looking at the Increase in the Number of Law Schools and Law Students, 1950-2010

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There seems to be a consensus today that the United States has too many law schools and too many law students.

The table below looks at how we reached the current situation. It compares the increase in the number of law students and ABA accredited law schools to the general growth of the U.S. population on a decade by decade basis for the past 60 years.

Decade GeneralPopulation Increase Increase in Law School Combined Annual Enrollment Increase in Number of ABA Accredited Law Schools
1950-60 18.5% -16.9% 12.3% (114 to 130)
1960-70 13.3% 80.1% 10.8%  (130 to 144)
1970-80 11.5% 85.5% 17.4%  (144 to 169)
1980-90   9.8%   4.1%   3.6%  (169 to 175)
1990-00 13.2%   0.6%   4.0%  (175 to 182)
2000-10   9.7%  17.8%   5.4%  (182 to 200)

As the table indicates, there has never been a correlation between general population growth and increases in law schools and law students.

Although the decline in the number of law students in the 1950’s may be somewhat exaggerated by the fact that law school enrollment boomed in the late 1940’s because of the disruptive effects of the Second World War and the benefits provided by the GI Bill, the period was a remarkably stable era for legal education. Although the number of ABA-accredited law schools increased by 16 in the decade, there was no growth in the number of law students. Law schools remained essentially the same size across the decade or else reduced their enrollments.

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Study Finds That Second Year Law Students Pay Less Attention Than Their First and Third Year Counterparts

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Student use of laptop computers to surf the web during law school classes has been a much debated “problem” in legal education for more than a decade.

A recent study conducted at St. Louis University suggests that the practice is wide-spread, and that second year law students are most likely to use their laptops for “off-task” purposes. According to research conducted in 2010 by Kim Morse, the associate director of writing support at SLU Law School and a doctoral candidate in education, second year law students spent 42% of their in class time involved in “off-class” Internet activities. In comparison, the figures for first year and third year students were 35% and 25%, respectively.

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New Affirmative Action Cases

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Category: Civil Rights, Constitutional Interpretation, Federal Civil Litigation, Higher Education, Public, Race & Law, U.S. Supreme Court
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[Editor's Note: This month, faculty members are posting on upcoming judicial decisions of particular interest. This is the second post in the series.]

It seems almost certain that the Supreme Court will again take up the issue of affirmative action in higher education, as two highly controversial cases separately make their way up the appellate ladder.

On two occasions, Regents of the University of California v. Bakke (1978) and the companion cases of Gratz v. Bollinger (2003) and Grutter v. Bollinger (2003), the Supreme Court has, by narrow 5-4 majorities, upheld the constitutionality of college and graduate school admissions programs that take race into account when making admissions decisions. In the same cases, the Court, also by 5-4 votes, struck down the use of formal admissions quotas (Bakke) and the awarding of a specific number of points for race in a numerically-based admissions systems (Gratz) as running afoul of the Equal Protection Clause of the Fourteenth Amendment. Although there was no clear majority sentiment on this point, the use of race as an admissions “consideration” was famously justified in opinions by now-former justices Lewis Powell and Sandra Day O’Connor as a way of achieving the “compelling state interest” in “diversity” in the composition of college and university student bodies. Read more »

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Father Pilarz: Promoting Marquette’s Responsibility for Milwaukee’s Well-Being

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In a down-to-earth and sometimes self-deprecating way, Marquette University’s new president, the Rev. Scott Pilarz, S.J., offered a vision Monday of a university that simultaneously strengthens the quality of its academic programs and its research while becoming more involved with addressing Milwaukee’s needs.

Speaking during an “On the Issues” session with Mike Gousha, distinguished fellow in law and public policy, in the Law School’s Eckstein Hall, Pilarz described Marquette as one of the nation’s great universities. He said great universities successfully walk a tightrope in which student education and research are complementary, not competitive, interests.

Asked by Gousha what other universities he felt Marquette was competing with, he said, “I think we’re competing with Marquette to be the best Marquette we can be.” He said university leaders shouldn’t  spend a lot of time looking over their shoulders.  “We’re a major national university,” Pilarz said. The focus should simply be, “How do we improve Marquette?”

Pilarz took office as president on Aug. 1. Ceremonies to inaugurate him officially are scheduled for Thursday and Friday. Read more »

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Rofes Receives Kutulakis Award

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AALS Peter RofesIt was a privilege today to attend the lunch of the Section on Student Services at the Association of American Law Schools’ annual meeting. For our colleague, Professor Peter K. Rofes, received the section’s Peter N. Kutulakis Award. This award recognizes the outstanding contributions of an institution, administrator, or law professor in the provision of services to law students. Our Associate Dean for Administration, Bonnie M. Thomson, nominated Professor Rofes for the Kutulakis Award, and Professor Rofes richly deserves it.

Permit me to repeat what I said a year ago concerning Prof. Rofes. The context was my reporting to students, in my beginning-of-semester letter, that Prof. Rofes had elected to return this academic year to full-time faculty duties, in the tradition of the Law School, after lengthy service as director of the part-time program and associate dean for academic affairs. I wished to explain “my thanks and admiration”:

I have been especially impressed by Prof. Rofes’s ability—even while administering the academic program, including determining course offerings, working with full-time and adjunct faculty, overseeing the schedule, and running the Academic Support Program—never to lose sight of the individuals with whom he works and never to fail to make time, for example, for the individual in need of time, attention, or assistance. There is a lesson for you in his work. For your work as a lawyer also will be in support and service of others; indeed, the work of the lawyer inheres most basically in the attention to and care for another. I express at graduation my hope that you have found some models in these, your early days in the profession. You—we—would do well especially to consider the important ways in which Prof. Rofes is an exemplar.

Congratulations, Peter—and thank you.

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New Study Shows Regional Disparity in African-American College Performance

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Racial disparities in education has been one of the central legal and cultural problems in post-World  War II America.  A recent study published by The Education Trust reveals yet another example of the problem of African-American underperformance, although the data compiled has a fascinating regional twist.

The Education Trust study focuses on comparative graduation rates for black and white students at the same colleges and universities.  Data was collected from 456 colleges and universities throughout the United States.  For the study as a whole black students are twenty percent less likely to graduate from college than their white counterparts who attend the same school.

However, the discrepancy in graduation rates is not uniform.  At some colleges and universities, African-Americans graduate at the same or nearly the same rate as white students.  At other schools, the gap is as wide as thirty-four percent.

Although the Education Trust study does not address the issue of regional variance, it is apparent from the results presented that the gap between white and black graduation rates is much lower in the South than it is in other regions of the country, and that the gap is particularly wide in Wisconsin. Read more »

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John McDill Fox and the Idea of Catholic Legal Education

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Category: Higher Education, Legal Education, Marquette Law School History, Religion & Law
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John McDill Fox was the first member of the Marquette Law School faculty to have attended Harvard Law School and the first to be hired as a dean at another law school.  With his colleague Carl Zollman, he founded the academic field of aviation law, and unlike his faculty colleagues at Marquette, he believed that there should be such a thing as a distinctive “Catholic” legal education.

Fox was born in Milwaukee on January 3, 1891.  Both of his parents had deep ties to the legal and political history of Wisconsin.  His father, Dr. William Fox, was a surgeon and the grandnephew of William Fox, one of the signers of the 1848 Wisconsin Constitution.  His mother, Narcissa McDill, was the daughter of Alexander McDill, a former Wisconsin congressman. 

Fox was initially educated in public schools in Milwaukee, but at age nine, he was sent away to enroll in the preparatory department at Notre Dame University in South Bend, Indiana.  At age 14, he moved up to the college and graduated with a bachelor of arts degree in 1909.  After graduating, he accepted a position as a teacher at St. Edward’s College, a small Roman Catholic institution in Austin, Texas.  Even by the standards of the early twentieth century, becoming a college professor at age 18 was quite precocious, although it is likely that Fox taught primarily in the school’s college preparatory division. Read more »

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The Native American Mascot Issue Will Just Not Go Away

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Category: Education & Law, Higher Education, Intellectual Property Law, Race & Law, Sports & Law, Wisconsin Law & Legal System
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WISCONSIN.  In Wisconsin, the legislature is considering a bill that would give Native Americans the right to formally object to the use of a disparaging nickname by a high school in their school district.  Under the Democratic-sponsored bill, anyone who objects to the use of a race-based team name, mascot, symbol, or logo in their school district can file a complaint with the state superintendent of education.  A hearing would then be heard to determine if the name or mascot was being used in a way that was “discriminatory, or promoted student harassment or stereotyping.”  If the finding is that the use was discriminatory, the district would have one year to eliminate all use of the name or image.  If it failed to do so, the district would be subject to daily fines of $100 to $1000.

On February 25, the bill passed in the State Assembly by a vote of 51-42.  However, before passage, it was amended to exempt from the bill’s coverage any school that uses a federal-government recognized tribal name as its nickname or any district that obtains permission to use its name or logo from a federally recognized tribe.  (Consequently, the Auburndale High Apaches would not be covered by the bill.)  At the moment, the bill appears to be bottled up in the Senate where a vote has yet to be scheduled. Read more »

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SAT Scores and Affirmative Action

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sunsetIn her majority opinion in the landmark civil rights case Grutter v. Bollinger, 539 U.S. 306, 342-44 (2003), Justice Sandra Day O’Connor wrote:

Enshrining a permanent justification for racial preferences would offend this fundamental equal protection principle. We see no reason to exempt race-conscious admissions programs from the requirement that all governmental use of race must have a logical end point. . . . From today’s vantage point, one may hope, but not firmly forecast, that over the next generation’s span, progress toward nondiscrimination and genuinely equal opportunity will make it safe to sunset affirmative action.

Although O’Connor and her colleagues upheld the constitutionality of the University of Michigan Law School’s affirmative action program at issue in Grutter, her opinion reflected a belief that affirmative action programs would draw to a close at some future point.

Data released by the College Board, the organization that administers the SAT exam, at the end of August suggests, however, that the end date for affirmative action is probably still a long way off.  Read more »

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Constitution Day

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Category: Constitutional Interpretation, Federal Law & Legal System, Higher Education, Marquette Law School
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imagesSome portions of the Constitution are the subject of frequent discussion. Concepts like “due process,” “equal protection,” “freedom of speech,” and the like are headline-grabbers. Phrases like “Commerce … among the several States” do not resonate quite as much with the general public, but are certainly familiar to lawyers.

A glance at the Constitution reveals that there is much more to the document, some of it mysterious. There is, for example, talk of “Emoluments,” “Letters of Marque and Reprisal,” and “Corruption of Blood.” Indeed, large portions of the Constitution make at best infrequent appearances in public discourse. There is, one might say, an Overlooked Constitution. Read more »

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