This paper explores the impact of managerialism on democracy in Higher Education by analyzing the implications of the Legal Framework of Higher Education Institutions in Portugal from 2007 to 2022. The findings, drawn from data on representation and electoral participation, reveal deficiencies in democratic governance. Notably, General Councils…

Misinterpretations and caricatures of Critical Race Theory (CRT) abound in popular media and in higher education scholarship. Given the confusion surrounding what CRT is and is not, I write this conceptual essay as an invitation to engage seriously with CRT's legal foundations. I offer four guideposts to aid scholars in engaging the legal roots of…

Purpose: This article develops a methodological framework to support qualitative analyses of legal texts. Scholars across the social sciences and humanities use qualitative methods to study legal phenomena but often overlook formal legal texts as productive sites for analysis. Moreover, when qualitative researchers do analyze legal texts, they…

Detecting and punishing violations of research integrity requires first having to prove them. However, establishing proof of research misconduct presents a number of challenges. Firstly, it has to be conducted in a variety of contexts, including before research integrity officers, university disciplinary committees, civil courts, criminal courts,…

This article is devoted to the analysis of problems regarding the main approaches to understanding the effectiveness of legal regulation and the search for its criteria. It is known that this issue serves as the basis for ongoing social development, ensuring optimal law-making and law enforcement activities of state bodies, achieving the goals of…

Very few parts of the world have legislation that prohibits the operation or the promotion of contract cheating services. This means that commercial companies providing such services can formally register and operate in most countries. If a student enters into an agreement with a contract cheating provider, what rights do they have to change their…

The article analyzes the main problems and contradictions in the formation of legal regimes for the regulation of robotics, artificial intelligence and other innovative technologies of our time. The work content shows the unpreparedness of modern legal science and practice to conceptual and legal design, legal and technical development of the…

This report summarises the findings of the 2024 EUA Learning & Teaching Thematic Peer Group on 'Learning and teaching in situations of crisis: needs and support provision'. The group explored how crises--ranging from pandemics and natural disasters to political interference, armed conflicts and technological disruptions--affect higher…

In Russian law, the term "good faith" ("good conscience") refers to different concepts: "honest practice" and "ignorance of the fact when such ignorance generates legal consequences." The article investigates the educational aspects of distinguishing objective and subjective good faith. The questions of…

Anti-affirmative action legal discourse about U.S. higher education within selective institutions race-conscious admissions encompasses co-opted civil rights aims for racial equity in education that maintains white supremacy. Racially progressive efforts to include historically racially minoritized applicants of color have been met with unfounded…

Purpose: The purpose of this paper is to investigate the legal issues of simultaneous Internet transmission of broadcasting programs of the Open University of Japan (OUJ) and to take legal measures to promote the mutual utilization of open university courses in Japan, the UK, China and Korea. Design/methodology/approach: The author examines the…

Most education and legal scholarship overlook gendered-race themes in pre-Brown v. Board of Education desegregation higher education cases that remain relevant to examining post-"Brown" race-conscious admissions cases. The author engaged critical race feminism to create a counterstory with Ada Lois Sipuel Fisher, a U.S. Supreme Court…

In today's data-sharing paradigm, personal data has become a valuable resource that intensifies the risk of unauthorized access and data breach. Increased data mining techniques used to analyze big data have posed significant risks to data security and privacy. Consequently, data breaches are a significant threat to individual privacy. Privacy is…

From the standpoint of a MOOC practitioner (i.e., a MOOC provider) instead of a rigorous comparative law researcher, this article attempts to analyze the potential legal issues and risks underlying instruction via MOOCs and compare these legal issues and risks between the small jurisdiction Macao and such major jurisdictions as the United States,…

The article analyses the strategies of Hungarian higher education interest organisations against the encroachments on academic freedom by Viktor Orbán's governments. We contrast the 2012-2013 and 2017-2019 protest waves and find that innovations in strategy came from new organisations in both periods, whereas established ones were rather passive…