The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

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…

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…

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…

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…

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…

The Supreme Court has ruled in several cases that schools must formulate rules and regulations that do not infringe on a student's right to free and unrestricted expression as guaranteed to them under the First Amendment. In two separate cases, the Court decided that students may wear buttons or armbands that express a particular position on an…

The Supreme Court's opinion and concurring opinion in a case limiting the right of courts to overturn academic decisions, based on the case of university's dismissal of a student after his failure of an important examination, are presented. (MSE)

The 1988 Supreme Court decision in Hazelwood School District vs. Kuhlmeier, characterized by deference to school officials in controlling speech and publications, is examined in the context of 10 higher education cases citing the decision. It is concluded that higher education in general, faculty in particular, should be concerned about an…

The complete record of the litigation in Alan Bakke v. The Regents of the University of California is contained in these six volumes. Included are all the pleadings, briefs, and arguments reproduced in full text except for minor editing of the oral arguments and data pertaining to the proof of service affidavits of truths. Volume One contains the…