2025

This essay examines the structural inequalities in academic freedom protections between faculty and students at private universities, highlighted by the 2023 Gaza-related campus protests. While faculty members enjoy multiple layers of protection through tenure, contracts, and legal precedents, students must rely solely on discretionary university policies interpreted by the administrators who restrict their speech. Through analysis of recent campus conflicts, this essay argues that current frameworks for protecting student academic freedom in private universities are fundamentally inadequate and proposes establishing institutional oversight boards inspired by social media governance models. Unlike temporary committees, these boards would provide consistent, transparent adjudication processes while building precedent for future cases. This essay demonstrates why university implementation of such oversight mechanisms offers distinct advantages over social media models, including manageable case volumes and clearer contextual standards. By creating institutional separation of powers, these reforms would help align administrative actions with stated commitments to academic freedom while maintaining necessary operational control.

Legal educators nationwide need to begin teaching students a method for completing Counseling Integrated Question Sets, a novel type of question the National Conference of Bar Examiners (“NCBE”) is introducing on the NextGen bar exam. Counseling Integrated Question Sets require students to answer a series of six multiple choice or short answer questions focused on client counseling or dispute resolution, as they work through an unfolding common fact pattern that also contains rules or elicits rules students have memorized.