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39 J.C. & U.L. 347 (2013)
Who Is the University: Birnbaum's Black Box and Tort Liability

handle is hein.journals/jcolunly39 and id is 368 raw text is: WHO IS THE UNIVERSITY? BIRNBAUM'S BLACK Box AND TORT LIABILITY NEIL JAMERSON* I. INTRODUCTION .................347 II. BACKGROUND ON THE LEGAL LANDSCAPE ....................351 A. Beach v. University of Utah........... .................351 B. Webb v. University of Utah ................. ............353 C. Bickel and Lake's Furek Model and Facilitator Model for University Liability .................... .........354 D. Dall's Educational Mission Paradigm for University Liability ..............................................356 E. Peters's Millennial Model for University Liability....................357 III. THE BLACK Box MODEL ...................................358 IV. TORT LIABILITY, LOOSELY COUPLED SYSTEMS, AND STUDENT ACCESS..................................365 A. The Current Student Injury Universe Sheds Light on the Financial Impact of Expanded University Liability ................365 B. Loosely Coupled Systems Hinder Effective Risk Management ..................................368 C. If Risk Management Fails, how will Losses be Spread?............371 D. Loss Spreading Will do Harm to College Access, Which Benefits Individuals and Our Society .................375 V. CONCLUSION ..................................................378 I. INTRODUCTION From small, isolated campuses that made gentlemen out of society's elite, higher education has grown to encompass a variety of institutions, students, and missions. During that time, higher education has developed into both a private and public good. From a private perspective, research shows that the collegiate experience has driven social mobility by * J.D., University of Tennessee College of Law, 2010; M.Ed. in Higher Education Administration, Vanderbilt University, 2006; B.S. in Management, University of North Carolina at Asheville, 2002. Special thanks to: Professor Alex Long, University of Tennessee College of Law. 347

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