Browsing by Author "Nguyễn, David Hòa Khoa"

Now showing 1 - 10 of 26
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    Access or Barrier? Tuition and Fee Legislation for Undocumented Students across the States
    (Taylor & Francis, 2014) Nguyễn, David Hòa Khoa; Serna, Gabriel R.; School of Education
    States have responded in a variety of ways to undocumented immigration and its implications for higher education. Some states have allowed undocumented students to seek an affordable college education while others have created barriers. This article highlights the piecemeal legislation that the states have passed in order to respond to the needs of undocumented students; namely, policies allowing undocumented students in-state resident tuition. It also considers the policy impacts on undocumented students and the institutions and faculty that serve them.
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    The Attack on Critical Race Theory and Higher Education: A Legal Analysis of the Impact of State Action on Faculty Free Speech
    (Peter Lang, 2022) Iftikar, Jon S.; Nguyễn, David Hòa Khoa; Byers, Tevin; School of Education
    In this article, the authors review proposed and passed state legislation that aim to ban Critical Race Theory and other social justice content from public higher education institutions. Using the law as the theoretical framework and legal analysis as the methodology, the authors examine these state actions, focusing on implications for higher education faculty speech and academic freedom. The authors discuss the history and current state of the law in the areas of free speech and academic freedom, including U.S. Supreme Court and other federal courts of appeal cases on how free speech in scholarship and teaching have been viewed. They also briefly discuss the legislation that states have proposed or passed which ban Critical Race Theory in higher education institutions, and end by discussing the implications such bans have on faculty free speech in scholarship and teaching. Overall, the authors detail the ways that these laws have a chilling and limiting effect on faculty speech, which in turn, have important consequences for students, institutions, and society as well.
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    Burden's on U! The Impact of the Fisher v. University of Texas at Austin Decision on K–16 Admissions Policies
    (Taylor & Francis, 2014) Nguyễn, David Hòa Khoa; School of Education
    Using race as a factor in admissions policies was contested in Fisher v. University of Texas at Austin. Although the U.S. Supreme Court firmly held in Grutter v. Bollinger that race can be considered among many factors in admitting students, the recent decision in Fisher has posed many questions and challenges for institutions of higher education. It is clear that the Supreme Court has made it more challenging for institutions to advance institutional diversity. This article examines the ruling in Fisher and how it impacts admissions in K–16 education.
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    A Colorblind Discourse Analysis of Higher Education Race-Conscious Admissions in a Post-Racial Society
    (University of North Dakota School of Law, 2016) Nguyễn, David Hòa Khoa; Ward, LaWanda; School of Education
    While the United States Supreme Court held in Fisher v. University of Texas at Austin that the University’s admissions plan was constitutional and that race-conscious admissions policies are still permissible, the movement to eliminate the consideration of race in college and university admissions is still going strong in current litigation against the University of North Carolina – Chapel Hill and Harvard University. Many argue that we are living in a “post-racial” society and no longer need race-conscious admissions; how-ever, this Article argues through colorblind discourse that there has been a sustained and continual effort to eliminate the consideration of race. This Article provides an understanding of colorblind discourse, the legal background on race-conscious admissions, it applies colorblind discourse while examining current litigation, and it proposes best-practices for recruiting and retaining diversity on college campuses.
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    Contemporary Legal Issues in College and University Student Housing: Introduction to the 2018 Special Issue
    (Association of College and University Housing Officers - International, 2018) Nguyễn, David Hòa Khoa; Ward, LaWanda; Lowery, John Wesley; School of Education
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    Discrimination in Employment under Title VII
    (Education Law Association, 2015) Nguyễn, David Hòa Khoa; Mooney Kahn, Krista
    This chapter addresses the burden of proof applicable to cases of employment discrimination, as developed in litigation involving Title VII and applicable to other federal laws prohibiting discrimination in employment.
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    Employment Discrimination and Title VII
    (Education Law Association, 2019) Nguyễn, David Hòa Khoa; School of Education
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    Employment prospects of international students in the U.S. and Canada: Socio-political implications for colleges and universities
    (University of Nebraska at Omaha, 2018) Nguyễn, David Hòa Khoa; School of Education
    While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia are able to retain these students after graduation while more restrictive U.S. policies have implications on international student decision-making and on American institutions of higher education. This article will explore the impact of immigration policies on higher education institutions’ efforts in the U.S. and Canada in attracting international students to their campuses as a result of national immigration laws and priorities.
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    Equity by Design : Examining Law & Policy for Undocumented Immigrant Students through the pK-20 Pipeline
    (Midwest & Plains Equity Assistance Center (MAP EAC), 2017) Nguyễn, David Hòa Khoa
    The purpose of this Equity Brief is to provide some guidance for educators with regard to the challenges around supporting undocumented students in the midst of uncertain times and continued concerns surrounding Deferred Action for Childhood Arrivals (DACA). Many youth in the DACA Program have made the United States their home and have lived in the country the majority of their lives. Since its inception, DACA has been a source of contention for many, opponents argue that DACA has decreased the educational budget whereas others proponents of DACA focus on the educational opportunities it presents.
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    Examining School Connectedness And Communication With New American Parents
    (Great Lakes Equity Center, 2017) Nguyễn, David Hòa Khoa; Hoy, Zelideh R. Martinez
    This tool highlights areas of importance for New American parents stemming from focus groups and invites schools to assess their communication and connectedness with New American students and families with the purpose to improve two-way channels of engagement.