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Direct linkHerzog, Alexander John – ProQuest LLC, 2010
Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…
Descriptors: Religion Studies, Judges, Legal Problems, Constitutional Law
Academic Freedom, the First Amendment and Competing Stakeholders: The Dynamics of a Changing Balance
Peer reviewedJorgensen, James D.; Helms, Lelia B. – Review of Higher Education, 2008
The Supreme Court first affirmed the importance of academic freedom in 1957. Yet in subsequent cases, First Amendment precedent has displaced the concept of academic freedom to resolve disputes among competing interests on public campuses, primarily in favor of institutions. This paper draws on the concepts of path dependence and policy space to…
Descriptors: Academic Freedom, Constitutional Law, Stakeholders, Court Litigation
