This article argues that the now-widespread US practice of residency-based tuition differentials for public higher education institutions is a twentieth-century form of higher education exceptionalism carved out in law and state policy, contradicting otherwise cherished and protected rights of free movement. This contradiction has been enabled in…

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

This article describes various iterations of a Supreme Court simulation that we developed for undergraduate political science classes. We address when simulations should be used to introduce a topic to students, and when simulations should be used to develop students' understanding of a topic after introducing it. In the simulations, we played the…

The internet plays an increasingly important role in the lives of contemporary college students. Use of social media and other forms of electronic communication have fundamentally changed the ways in which students interact with others. Often, students' online speech can lead to disciplinary action against them. This study considers the current…

Since its inception, Title IX, which celebrated its 48th anniversary in June 2020, has promoted gender equity in schools, colleges, and universities across the nation. Title IX not only has helped girls and women throughout the country level the playing field in educational programs such as sports--a frequently cited contribution, especially at…

Residential communities are a critical component of many students' experience on a college campus, especially during their first year. Residential communities have been associated with a variety of positive outcomes, including persistence, openness to diversity, satisfaction, critical thinking, and personal development (Astin, 1977 & 1993;…

Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…

Different from more traditional policy-making avenues, the courts provide an antipolitical arena that does not require broad agreement from various constituents for policy enactment. Seeking to guide court decisions on these policy issues, individuals and organizations have filed "amicus" briefs that increasingly include social science…

College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…

This article seeks to persuade professors that constitutional law topics are worthy of coverage, as it is the job of legal educators to not just to prepare students for their professional roles but also their roles as citizens. Several authors have taken up constitutional law topics in these pages. This article contributes to the literature, and…

Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

Some student affairs professionals who are employed at public colleges and universities feel conflicted about the degree to which they should or should not discuss their religious and/or spiritual beliefs at work. The purpose of this article is to present an overview of legal, developmental, and ethical considerations that should be factored into…

The federal government has been heavily involved in education since the mid-1960s, intervening in everything from early childhood education to graduate schooling. This paper lays out the principles that should govern federal involvement in seven specific areas and briefly examines the effects of Washington's policies. The areas are elementary and…

In this engaging interview, John D. Inazu identifies confident pluralism as the way for us to thrive in connection even when divided by deep differences. Since our differences are not just going to go away, we need to learn to live with others with whom we do not agree. Inazu explains that tolerance, humility, and patience are the foundational…

Heated battles over free speech have erupted on college campuses across the United States in recent months. Some of the most prominent incidents involve efforts by students to prevent public appearances by speakers espousing controversial viewpoints. Efforts to silence offensive speakers on college campuses are not new; in these endeavors, one can…