Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Examines federal access and dissemination policies favoring availability of public information; structures for producing and disseminating government information; legislation and implications of policy decisions; effect of new technologies on public access and dissemination; executive-branch policy directions; and call for action to reverse trends…

Student affairs practitioners today must often face difficulties related to the promotion of multiculturalism while maintaining individual rights and freedoms with a college population. Addresses concerns faced by student affairs practitioners: law and regulations and promoting diversity. Discusses legislative directives, current laws, and recent…

The Constitution empowers Congress to protect the rights of authors. There is disagreement, however, over whether Congress may grant authors a limited monopoly on their works or may regulate authorship by permitting reasonable public access to creative works. The traditional view of expansive pre-publication rights for authors is supported by…

Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…

Reviews the history of First Amendment rulings as they relate to speech codes and of other regulations directed at the content of speech. A case study, based on an experience at Trenton State College, details the legal constraints, principles, and practices that Student Affairs administrators should be aware of regarding such situations.…

Examines the extent that educational institutions can regulate face-to-face solicitation. Legal decisions indicate that: (1) regulation is not aimed at commercial content; (2) legitimate college interests include student privacy and the harm posed by high pressure sales tactics; and (3) alternatives for commerical information dissemination must be…

Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…

The historic development of the cable phenomenon is traced through industry rhetoric that promised a multitude of services and "voices" in exchange for benign regulations. The current rhetoric of the "wired nation's" latest entrant into the broadband information delivery business--the telcos--also is examined in order to assess…

Focuses on recent First Amendment case law and proposed legislation that has shaped and will continue to influence judicial affairs. (KW)

A constitutional analysis is presented of the Establishment Clause of the First Amendment of Senate Bill 550, the Packwood-Moynihan proposal for federal tuition tax credits for parents who pay tuition in order to send their children to a nonpublic school. The Supreme Court has developed a three-part standard under the Establishment Clause: the…

In 1985 the Inter-American Court of Human Rights ruled that a Costa Rican statute requiring journalists to be licensed violates the American Convention on Human Rights and, by extension, all human rights conventions. Though press freedom advocates hailed it as a major triumph for freedom of expression, the court's ruling was only advisory and has…