Law and History Flashcards
Love v. Law School Admission Council
Love v. Law School Admission Council, Inc., in which the courts ruled that having a clinical diagnosis of a learning impairment did not mean that the student was entitled to ADA accommodations (2007). This student showed an above average educational history and was ruled not to be limited in the major life activity of learning.
Wong v. Regents of the University of California
The student first needs to prove, according to the ADA’s definition of “disability,” that they meet the requirements and are limited in a major life activity of learning. It was decided that an individual is not considered disabled if they showed success in past academic history without use of accommodation in the case of Wong v. Regents of the University of California (
Colonial Era – 1636 to 1789
1779 – Thomas Jefferson proposed 2 educational systems based on needs: Clerical and Practical Proposed at William and Mary
Important people in this era:
Benjamin Franklin – founded the University of Pennsylvania
Thomas Jefferson (at the end): Proposed 2 ed system, at W&M, donated books and founds the University of Virginia.
William Smith – brought over by Benjamin Franklin and taught at the University of Pennsylvania, becoming its first provost. Made curricular advances shortening the classical studies from 5 years to 3.
Emergent Era – 1790 – 1869
1819 Dartmouth Case- Daniel Webster
1825
University of Virginia, Thomas Jefferson established the first elective system – no required courses. Tidmore at Harvard experimented as well in 1825, back to classic in 1828, 1875 blend
1828
Yale Report. This was the defense of the classic curriculum, written by faculty at Yale. Latin and Greek literature were the core of curriculum, and the report set back curricular reform by 50 years. Argued that to be truly educated, one must study in the classic mode. In some ways, it made sense because at that time, there was little depth in other disciplines, and to develop critical thought, one must deeply study a discipline.
1826 First black student awarded a degree
1830’s – women began attending, most on teaching
1836 - Wesleyan college, women studied home economics
1837 – Oberlin college, co-ed
1850: Francis Wayland, president of Brown University initiated a full elective system with no requirements. It increased enrollment by 40%
1852: Harvard vs. Yale boat races, first sports event. Students began to form groups and activities
1862: Morrill Land Act -President Lincoln approved while Civil War was on, Buchannan didn’t like it before Lincoln. 30,000 acres to each representative – north only now. With the land, the states could create a university, sell the land to support an existing university, or add on to existing university, Made to support agriculture and mechanical arts/military arts. First time federal government meaningfully funded higher education
1869 – End of era
Important Individuals Emergent Era
Major individuals:
Daniel Webster - defended Dartmouth in case
Francis Wayland – President of Brown , instituted elective system in 1850. Assigned a lay board to discuss matters of finance and academic degrees.
Hoarace Mann – Founder of Antioch College, alternative, coeducational, work for tuition much
Charles William Elliot, president of Harvard, shepherd elective system for good, liberal arts core for the first year.
George Peabody – Created the George Peabody Education Fund to aid public education in the south
Age of the University – 1870 to 1944
1876 – Johns Hopkins was the first to concentrate on graduate education and research
Social status was a key motivator in this era, diploma began to have value – a certificate of accomplishment
Creation of majors and degrees: undergraduate + a major, graduate degree
1879: Charles Elliott at Harvard had implemented an elective system where there was a one year liberal arts core, with other degrees and electives
1887: SLU led Catholic universities to the elective system
1890: 2nd Morrill Act. Colleges were appropriated federal funds, but these were not appropriated if the university denied admissions based on race, unless they had separate but equal facilities. In North, universities had to open up, in South, the creation of HBCUs. These were the first dollars given, $s with strings
1915: AAUP established
1919: Robert maynard Hutchins @ University of Chicago, spoke back to core curriculum and liberal arts, where graduate programs specialized.
1939: WWII starts
1944: WWII ends, and era ends
Community Colleges
1890s to 1900, growth of community colleges. 1901 Joliette Junior college started by William Rainey Harper
1910 to 1920s: greatest growth of community colleges
1925: Scopes trial that made it illegal to teach evolution
Important People-Age of the University
John Scopes – on trial for supposedly teaching evolution
Robert Maynard Hutchins—President at University of Chicago which reformed elective curriculum back to core curriculum balance
William Rainey Harper – President at University of Chicago (before Hutchins), began junior colleges in 1901
Charles Elliot – President of Harvard University during transition to elective system 1869-1909
Abbott Lawrence Lowell – President of Harvard University 1909-1933
Booker T Washington – First principal or president of Tuskegee University in Alabama
William S. Gray – During the 1920s/1930s, Gray and colleagues at the University of Chicago publish numerous studies on reading behavior and achievement.
Golden Age (Era) 1945-1975
1944 – GI Bill: Nearly half of the 15 million veterans entered college or pre-collegiate training programs. The most dramatic shift in education – emphasis on practical degrees, growth in community colleges, belief that everyone could go to college, equality in education
1954 – Brown vs. Board of Education making desegregation unconsitutional
1961 – Affirmative Action signed by President Kennedy
1964 – Civil Rights Act of 1964
1965 – Higher Education Bill: Established Pell grants, student loans, targeted at individuals rather than colleges
1972 – Title IX: Prohibited sex bias
1970-1973 – Carnegie Classification originated
1973 – Rehabilitation Act: Prohibited discrimination against people with disabilities
Important Individuals
Clark Kerr
Samuel Kirk – Coined learning disabilities
Consolidation Era
1976-1993 :
Focus on equal access continued, more students likely to be going to college and working, rise in importance of multiculturalism, computer and multimedia, early attempts at distance education
1983 – Bob Jones University vs IRS: If universities discriminate on race lose tax exempt status
By 1993, Community colleges were an integrated component
Important Individuals
Ernest Boyer – President of the Carnegie Foundation, wrote Scholarship Reconsidered, defined the scholarship of discovery, teaching and learning, application, and _________
Contemporary Era
1993 – 2014
2008 – New GI Bill post 9/11
Increase in for-profits
Online emerges
Increase of foreign students in United States
Things in the economy: 9/11, housing bubble burst, increased emphasis on value, high unemployment.
Growth in STEM fields
Birnbaum Management Fade stage of progression
Stages of progression
- Identification of a crisis that overthrows existing operating assumptions
- Premature reports of success and pressure to adopt
- Time between widespread distribution of the fad and widespread knowledge of user reaction
- Momentum swings to counter-narratives
- Death of the fad
Birnbaum: Management Fads in Higher Education
- Planning Programming Budgeting System
- Zero-based budgeting
- Management by Objective
- Strategic Planning
- Benchmarking
- Total Quality Management/Continuous Quality Improvement
- Business Process Reengineering
Sovereign immunity cases:
Mitchell vs. Prairie View A and M U of Texas
Board of Trustees of the U of Alabama v. Garrett (Title I ADA case where university is sued by employee- SI prevailed.
Tennessee v. Lane- Title II of ADA. Lane prevailed
Regents of the University of CA vs. Doe- SI as applied to broken employment contract by applicant.
Kimel v Florida board of regents- ADEA case. SI wins
Horwitz v. Mo Board of Curators
Courts sided with school when 4 year medical student was removed from program before graduation. Due process was given and counts did not want to interfere with program decision.
NLRB v. Yeshiva
Faculty at private colleges cannot unionize. No collective bargaining. Faculty are managers.
