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.

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