PENN STATE DICKINSON LAW CO-PRESENTS “RULE OF LAW” PANEL WITH UNIVERSITY OF NEBRASKA COLLEGE OF LAW
May 2025 — Penn State Dickinson Law recently presented a virtual panel discussion in conjunction with the University of Nebraska College of Law as part of a series of “Rule of Law” panels sponsored by Big 10 law schools.
The April 30 event, titled “Diversity, Equity, Inclusion and Belonging as part of the First Amendment and Academic Freedom,” was co-moderated by Penn State Dickinson Law Dean and Donald J. Farage Professor of Law Danielle M. Conway. She was joined by co-moderator Richard Moberly, University of Nebraska College of Law dean and Richard C. & Catherine S. Schmoker Professor of Law.
This coordinated series of virtual panel discussions by Big 10 law schools is examining the Rule of Law in 2025 after an unprecedented series of executive orders, legal interpretations, and administrative actions by the Trump administration over the past several months. The panels began on March 26 and will run through May 28.
Each virtual panel discussion is limited to one thousand Zoom participants. Pattee Library and Paterno Library in University Park have been hosting weekly watch parties for the series due to the attendance limit.
Panelists at the Penn State Dickinson Law- University of Nebraska College of Law event included University of Oregon School of Law Associate Dean for Academic Affairs Erik Girvan, the Bernard B. Kliks Professor of Law; Rutgers Law Professor of Law School Stacy Hawkins; and Northwestern University Pritzker School of Law’s John O. McGinnis, the George C. Dix Professor in Constitutional Law.
Examining the First Amendment and academic freedom
Conway opened by welcoming participants from across the country and thanking them for taking time out from their busy schedules to attend.
The panel then discussed the legal and practical implications of diversity, equity, inclusion, and belonging (DEIB) initiatives in higher education. Professor Gervin defined DEIB terms and outlined race-neutral strategies for their deployment. Professor Hawkins highlighted the impact of laws including the Equal Protection Clause of the Fourteenth Amendment and Title VI and Title VII of the Civil Rights Act of 1964, noting that race-based preferences are now prohibited. Professor McGinnis argued that DEIB statements could violate the First Amendment if they are used to penalize certain viewpoints.
The discussion also touched on the potential for state legislatures to close DEIB offices at public universities and the need for race-neutral approaches to support diverse student needs.
The panel concluded by taking questions from the audience, prompting a debate on the impact of meritocracy in admissions and thoughts on the potential for future legal challenges.