Academic freedom is an oft-invoked buzzword in debates about campus speech and the American university. But how have courts treated legal disputes where faculty members have invoked academic freedom as a potential constitutional interest? And how do faculty themselves conceptualize academic freedom? The similarities and differences between these…

This is a case study that uses interviews and archival data to illuminate how student affairs educators at a large public research university in the south perceive and foster the climate for religious pluralism on their campus. The findings from this study indicate that Student Affairs Educators would like to undergo education and training…

This study examines the United States Supreme Court's use of social science research in Fourteenth Amendment race-based discrimination cases in professional and graduate school admissions. It discusses how the Court uses (or does not use) social science research in its interpretation of "equal protection" and "discrimination"…

This dissertation explores the controversial issues surrounding affirmative action in higher education. Are anti-affirmative action ballot initiatives in violation of the Equal Protection Clause of the Fourteenth Amendment by restructuring the political process of minorities in such a way that places special burden on their ability to secure…

Over 600 higher education institutions have been identified as alleged diploma mills by governmental authorities based on criteria set forth in U.S. federal law. The characteristics of religious colleges exempt from State oversight varied based on each States' higher education legislation and implementing policy. The U.S. Constitution was the core…

This dissertation sought to determine if federal-level, post-secondary student freedom of expression case law was developing in a similar path to that at the K-12 level of education. It also investigated the ways in which a K-12, highly speech-restrictive legal standard arising from the K-12 case "Hazelwood v. Kuhlmeier" has been…

Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving…

In the early 1980s, the University of Notre Dame Law School's Center for Constitutional Studies surveyed 801 religiously affiliated colleges to determine which federal laws and regulations had a "serious potential" of interfering with the character and mission of the schools. From the 226 responses, the Center identified 11 issues, three…

Legal scholars rarely focus on student First Amendment rights, and general public understanding of the extent of these rights is vague at best. While media scholars have focused much attention on newspaper coverage of more mainstream issues, no notable attention has been given to examining the way news media cover student First Amendment rights.…

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…

In 2003, the United States Supreme Court decided on two cases that involved affirmative action policies for admission to the University of Michigan at Ann Arbor Law School and the College of Literature, Science and the Arts. Those cases, "Gratz v. Bollinger" (2003) and "Grutter v. Bollinger" (2003) had implications for the…