Maintains that Henry David Thoreau and Martin Luther King, Jr. fundamentally altered the tradition of protest and reform. Compares and contrasts the role of each man in U.S. social and constitutional history. Concludes that while Thoreau lacked the broad influence of King, his writings influenced both King and Mohandas Gandhi. (CFR)

The Supreme Court ordered a lower court to reexamine the free-speech case of a controversial City University of New York black studies professor, demoted from department chairman for making racially biased statements seen as disruptive. The rights of public universities to make such decisions was a central issue. (MSE)

The general conversation today about the USA PATRIOT Act and its historical and legal significance must be contextualized with reference to a series of 1970s U.S. Supreme Court decisions regarding the U.S. Border Patrol that directly undergird the PATRIOT Act. The Supreme Court long ago turned the U.S. borderlands adjoining Mexico into a permanent…

Asserting that fear and misunderstanding about religion in public education precludes reflection and compromise needed to promote societal well-being, this paper examines the current status of religion in U.S. public education and considers implications for policy making and practice. A brief history of religion in public education and two recent…

Promoting change in civic education means rethinking what are the important aspects to teach about the Constitution, law, and democracy to equip students to be effective and affective citizens. The scope of instruction needs to broaden to include specific comparisons between the U.S. federal system of law and constitutionalism with counterparts in…

This report examines the facilitation of financing higher education in Hawaii. The report covers financial aid programs available to Hawaii college students, as well as prepaid and guaranteed tuition programs and college savings programs. Following an introductory chapter, Chapter 2 focuses on threshold questions such as state constitutional…

Promotion and tenure decisions in higher education are discussed and identified as no longer private affairs within departments, but subject to affirmative action guidelines and court scrutiny. Increasing numbers of discrimination complaints are forcing committee members to justify publicly decisions that were once left to their private…

Mentally retarded individuals are often stigmatized and segregated, though constitutional guarantees in many countries promise them equality. Use of the U.S. court system to secure these guarantees, resulting in deinstitutionalization, individualization of services, and increased employment opportunities, is analyzed and contrasted with the…

Provides an overview and background information on the debate over gun control, as well as several teaching ideas. Handouts include a list of related topics drawn from various disciplines (economics, U.S. history), seven arguments for and against gun control, and a set of policy evaluation guidelines. (MJP)

Discusses the background, legal issues, and significance of the Supreme Court decision, "Loving v. Virginia" (1967). Outlines the history of laws against interracial marriage throughout U.S. history. Asserts that interpretation of the Fourteenth Amendment, applying federal civil rights to the states, was a key factor in the case. (CFR)

When considering the issues associated with addressing faith, spirituality, and religion on campus, it is important for student affairs professionals, especially those at public colleges and universities, to be cognizant of the associated legal issues. The Constitution protects the freedom of religious exercise and against the establishment of…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

The eleven articles in this collection explore various aspects of freedom of speech. Topics include the lack of knowledge on the part of many judges regarding the complex act of communication; the legislatures and free speech in colonial Connecticut and Rhode Island; contributions of sixteenth century Anabaptist heretics to First Amendment…

The case, "New Jersey v. Shelton College," is analyzed using the briefs of both parties, the judicial opinions, and the relevant literature. The case is a classic church-state confrontation likely to reach the U.S. Supreme Court. The college is an instructional offshoot of the fundamentalist Bible Presbyterian Church. In 1971, after a…

Catholic, Protestant, and Jewish parochial schools have always had religious studies as part of their curriculum, but there has been the question about whether public schools can also. "In 1962 two U.S. Supreme Court cases (Abington School District vs. Schempp and Engle vs. Vitale) prohibited the practice of Bible reading in public schools.…