TY  - JOUR
T1  - Revisiting Meriwether v. Hartop and Academic Freedom in Higher Education
JF  - American Business Law Journal
Y1  - 2022
A1  - Scott,Inara
A1  - Brown,Elizabeth
A1  - Yordy,Eric
KW  - Business Law
AB  - Although the nature and extent of academic freedom has been subject to analysis for over a century, recent developments underscore the need to reconsider the proper scope of academic freedom. These developments include Meriwether v. Hartop, a 2021 Sixth Circuit decision in which a professor claimed a Constitutional right, based in academic freedom, to refuse to use a student’s pronouns; the growing science of pedagogy and understanding of how students learn; and the changing role of higher education in the United States. We propose updated factors for assessing the scope of academic freedom that balance the interests of the university, individual faculty members, students, and the general public. In doing so, we specifically address and discuss the interest of the state in delivering an “effective education”—a concept that we ground in both the literature of constitutional rights and also the literature of effective pedagogy, linking the interest of the state in delivering effective learning experiences to the science of teaching and learning. We also address the need for the recognition of gender pronouns and the potential for harm when they are not recognized.
U2  - a
U4  - 229696382976
ID  - 229696382976
ER  - 

TY  - JOUR
T1  - R Corps: When Should Corporate Values Receive Religious Protection
JF  - Berkeley Business Law Journal
Y1  - 2020
A1  - Scott,Inara
A1  - Brown,Elizabeth
A1  - Yordy,Eric
KW  - Business Law
AB  - In this article, we explain how a corporation might invoke religious freedom claims in order to protect corporate values such as diversity, equality, sanctuary, or women’s access to reproductive care which are not exclusively associated with a religion, and are often held by secular entities. In order to do so, we must address the following unresolved legal issues: 1) How can one define whether a set of beliefs are “religious” when those beliefs are held not just by a single individual, but by a diverse collection of individuals? 2) Does the meaning of religion change when it is no longer exercised by a human being but instead by a corporation? 3) Importantly, how would a court evaluate the religious claims of a business entity made up of diverse owners, members, and/or shareholders? And 4) What are the broader consequences, benefits and detriments of protecting such claims?
VL  - 17
CP  - 1
U2  - a
U4  - 184533557248
ID  - 184533557248
ER  -