The University of Miami Law Review‘s 2016 Symposium, The Constitution on Campus: Do Students Shed Their Rights at the Schoolhouse Gates?, has been announced. Scholarship from this annual event will be featured in the symposium issue to be published in the Volume 71, Winter Edition. Videos from the Keynote Address, Panels, and Roundtable Discussion are available below.
CLE Registration – here
- 8 CLEs, 2 Ethics CLEs
Non-CLE/Student RSVP – here
Friday, February 5, 2016, 11:30 a.m. through 4:45 p.m.
Saturday, February 6, 2016, 9:00 a.m. through 2:00 p.m.
University of Miami Donna E. Shalala Student Center
1330 Miller Drive, University of Miami, Coral Gables, Florida 33146
About the Symposium
The University of Miami Law Review’s Symposium is an annual event and leads to the publication of an issue. This year’s Symposium, entitled “The Constitution on Campus: Do Students Shed Their Rights at the Schoolhouse Gates?” will explore the recurring conflicts between administering institutions of higher learning and the constitutional rights of students. Panelists will provide an in-depth discussion of students’ due process, free speech, and Internet privacy rights.
The Honorable John Paul Stevens,
Justice of the Supreme Court of the United States (Ret.)
Introduced by President Julio Frenk
President of the University of Miami
Moderated by The Honorable Adalberto Jordan
Panel I—Free Speech v. Campus Speech Codes—College campuses have long served as environments for inclusion and tolerance as well as the expression of offensive and discriminatory ideals. Most recently, colleges have experienced conflicts between religious and LGBT and Israeli and Palestinian student organizations. This panel will explore the standards by which administrators may evaluate contentious political speech and hate speech, and explore whether and how such speech should be regulated.
Leonard M. Niehoff, Professor from Practice, University of Michigan Law School
Susan Kruth, Program Officer, Foundation for Individual Rights in Education (FIRE)
Kerry Brian Melear, Associate Professor, University of Mississippi
Panel II—Title IX Sexual Assault: What “Due Process” Is Due?—In 2011, the Department of Education issued a “Dear Colleague” Letter, which sought to clarify college Title IX investigation and hearing mandates. Notably, the guidance permits the use of procedures which differ significantly from the due process protections afforded in criminal investigations, and requires that hearings use a preponderance of the evidence standard for determining guilt. This panel will examine the current prosecutorial regime and pose new models that more effectively balance the competing interests of administration, victims, and the accused.
Tamara Rice Lave, Associate Professor, University of Miami School of Law & Fellow, Institute for Legal Research, UC Berkeley
Diane L. Rosenfeld, Lecturer of Law, Harvard Law School
Corey Rayburn Yung, Professor of Law, University of Kansas School of Law
Panel III—Internet Privacy Rights.—In an Inter-Connected World, What Remains of Students’ Rights to Privacy? Today, nearly all college students have some form of online media presence. These channels provide the opportunity for self-expression, interaction with peers, and access to global information. However, social media may also serve as a platform for bullying, racism, and other derogatory communication. Undoubtedly, institutions have a significant interest in regulating these channels to maintain student safety and an environment conducive to education. Personal cyber-attacks can also implicate students’ equal protection rights. On the other hand, Constitutional protections of the right to privacy may prohibit such regulation. This panel will discuss the conflicting interests of students and administrators concerning social media policies, as well as the legal issues related to enacted and proposed policies.
Joel Reidenberg, Professor of Law, Fordham University School of Law & Founding Academic Director, Center on Law and Information Policy
Elana Zeide, Microsoft Privacy Research Fellow, New York University Information Law Institute
Ari Ezra Waldman, Associate Professor, New York Law School & Director, Innovation Center for Law & Technology and the Tyler Clementi Institute for Internet Safety
Round Table Discussion: On the Other Hand…Are Campuses Becoming Too Quiet?—In comparison to the Civil Rights Movement of the 1960s and the Vietnam War protests of the 1970s, college students have sparingly aligned to influence social change. This panel will explore this phenomenon, specifically analyzing whether educational policies have over-regulated students’ abilities to freely associate and express.
A printable version of the tentative schedule is forthcoming. However, the tentative schedule can be found listed below:
Friday, February 5, 2016
11:30 a.m. – 12: 30 p.m. Registration
12:30 p.m. – 12:40 p.m. Welcome
12:40 p.m. – 12:50 p.m. Introduction of Keynote
12:50 p.m. – 1:30 p.m. Keynote: The Honorable John Paul Stevens, Justice of the Supreme Court (Ret.)
1:30 p.m. – 3:00 p.m. Panel I—Free Speech v. Campus Speech Codes
3:00 p.m. – 3:15 p.m. Break
3:15 p.m. – 4:45 p.m. Panel II—Title IX Due Process Rights
Saturday, February 6, 2016
9:00 a.m. – 9:30 a.m. Registration
9:30 a.m. – 9:45 a.m. Welcome
9:45 a.m. – 11:15 a.m. Panel III—Internet Privacy Rights
11:15 a.m. – 11:30 a.m. Break
11:30 a.m. – 1:00 p.m. Round Table
1:00 p.m. – 2:00 p.m. Closing & Lunch