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…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)

The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

A federal appeals court ruled that judges may not dismiss handicapped-discrimination lawsuits against universities solely on the basis of official university statements that allegedly discriminatory practices are appropriate for the academic programs involved. The decision keeps alive a case in which a dyslexic student could not take a…

Reviews several retention-related federal court decisions and suggests 10 best practices that school administrators can use when considering or implementing student-retention policies. (Authors/PKP)

With legal threats against them mounting, trustees of public and private colleges alike are hearing mixed and vague messages about how much they personally have at stake in lawsuits aimed at their institutions' affirmative-action policies. Few cases in either federal or states courts provide guidance on trustees' potential individual liability.…

The U.S. Supreme Court has refused to hear a case that might guide colleges in resolving conflict between campus policies on sexual harassment and free-speech rights. The case involved San Bernardino College (California) and a tenured professor whose explicit classroom discussions college officials felt constituted sexual harassment. An appeals…

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

In "Stephenson v. Davenport Community School District," the U.S. Eighth Circuit Court of Appeals ruled that schools cannot adopt unduly vague policies to regulate student expression, in this case, a cross-shaped tattoo. (LMI)

A federal district court has ruled that Brown University (RI) discriminates against its women's athletics programs, in violation of federal law. The university's stance on the law, which questions government interpretation, has been controversial. The suit was brought by nine female athletes seeking reinstatement of gymnastics and volleyball…

Examines a U.S. Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Cautions against a possible trend toward renewed school emphasis on dress codes and other issues of decorum. (IW)

This article discusses the strategy that the University of Maryland pursued in defending the constitutionality of its race-based Benjamin Banneker Scholarship program for black students. It also analyzes the respective decisions of the district court and court of appeals, which recently declared the scholarships unconstitutional. (MDM)

Argues in support of affirmative action in college and university admissions, noting the actual, relatively small effect of affirmative action on white admission and opportunity, and suggesting other possible reasons for the heated debate. Notes two related Supreme Court decisions made a century apart and reviews statistical studies in support of…