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Viewpoint diversity
In continuation of my recent message encouraging faculty who are facing promotion and/or tenure to exercise at least some caution about what they state publicly in today’s volatile political climate, I came across this article on how to perhaps better achieve viewpoint diversity among faculty and students. Personally, I enjoyed great freedoms to “rock the boat” while I was a law professor at the University of South Dakota School of Law. I also faced some pushback on some is
Nov 111 min read


“Educators Won’t Be Silent”
So read a headline in a recent article on the resistance by educators against President Trump’s recent executive order designed to drain resources from public schools via vouchers. Faculty are also typically opposed to the White House’s recent “Compact for Academic Excellence in Higher Education.” Should you be silent in the face of political directions with which you disagree? Ideally, we should all be able to publicly voice our opinions in this and other contexts. Howeve
Oct 222 min read


Lawsuits – Not the Best Way Forward at First
Many of my potential clients indicate that they want to apply for tenure and/or promotion, get denied, and then sue. That is likely not a good way forward for the vast majority of faculty. Why not? Most importantly, if your goal is to obtain tenure and a promotion, there are very strict university rules for how to accomplish that. These include publishing the right amount of research findings in the “right” journals, earning citations, getting sufficiently acceptable stude
Oct 143 min read


Should You “Weaponize” Your Attorney?
In short: No. In fact, don’t even try it. By way of background, the word “weaponize” is often used in myriad contexts, most of them...
Oct 42 min read


Title IX Complaints
Title IX is widely known to prohibit sex discrimination in the education programs and activities of entities that receive federal financial assistance (defined very comprehensively). In relatively new regulations, Title IX discrimination is also defined as sexual assault, domestic violence, dating violence, and stalking. These additions also clarify that even just one severe incident (even if not pervasive) can qualify as Title IX sexual harassment. A hostile work environment
Oct 41 min read


Is tenure a “gravy train”?
A Hawaii state senator recently called obtaining tenure at a university a “gravy train.” While that bill received little notice in...
Oct 42 min read
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