A problem unique to constitutional torts arises when state-created governmental entities are defendants. Implications of the problem are discussed, and it is concluded that until the issue is resolved, the right to compensation for violations of rights will continue to depend upon the law of the state in which the violation occurred. (LBH)

This paper explains how upcoming U.S. Supreme Court decisions in Gratz v. Bollinger and Grutter v. Bollinger are expected to broadly affect the future of race-conscious affirmative action. In these cases, the Supreme Court addresses the constitutionality of admissions policies at the University of Michigan designed to promote educational diversity…

Examines various theories that courts have used in applying Fourteenth Amendment criteria to nonpublic colleges and universities. Specifically examined are the agency theory for state actions; the public responsibility, government function,and stae involvement doctrines; the theory of permissive norms; and the concept of natural justice.…

Court litigation involving the National Association of Intercollegiate Athletics' transfer rule denied procedural due process to a student declared ineligible, assuming that the privilege of competing is not a property right. Students' interest in the system is not adequately protected, and ways must be found to ensure this minimal protection.…

In addition to precluding prior restraints on the student press, the public forum doctrine creates a right of access to the pages of student publications and requires that student newspapers adopt liberal policies of accepting alternate views. Available from University of Illinois Law Forum, Law Building, Champaign, IL 61820. (Author/IRT)

A semester course at the law school of the University of North Carolina offers a unique experiment in controlled clinical legal education. It combines a thorough survey and analysis of major legal and constitutional issues in criminal sentencing with a broad exposure to courts and correction agencies and opportunities for students to take part in…

Michael T. Rose's book, "A Prayer for Relief," examines the due process standards pertinent to the adjudication of student offenses at military academies. This article discusses the issues raised by Rose and concludes that many of his criticisms and suggestions for reform are still viable and worthy of serious attention. (LBH)

Legal problems concerned with shoplifting suspects are addressed, including common law, criminal penalties, and the merchant's liability. Tangential questions and answers are presented along with discussion of pertinent court cases. (LBH)

Discusses reasons why the "Lee v. Weisman" Supreme Court decision that held unconstitutional a Rhode Island school policy for prayer at a junior high school commencement does not extend to the university level. Concludes that an appropriately worded commencement prayer could pass the three-part "Lemon" threshold and not violate…

Examines how closely academic freedom and the First Amendment actually are related. Traces the development of academic freedom as a constitutional right from shortly before World War II to the present. Analyzes influences exerted by intramural speech, institutional or corporate academic freedom, and professional liability. (KEH)

Teaching freedom of speech to undergraduates is a difficult task, in part as a result of the challenging history of free expression in the United States. The difficulty is compounded by the need to teach the topic, in contrast to indoctrinating the students in an ideology of free speech. The Bill of Rights, and specifically the First Amendment,…

In 1971, a Maryland statute was enacted authorizing payment of state funds to any private institution of higher learning, except those awarding only seminarian or theological degrees. The aid is in the form of an annual fiscal year subsidy to qualifying colleges and universities, based upon the number of students, excluding those in seminarian or…

Designed to assess the effects of self-grading on undergraduate learning and evaluation in a one semester constitutional law course, this study indicated that self-grading had no significant impact on learning but that it did encourage self-graders to evaluate themselves significantly higher than instructor graded students. (Author/DB)

While the author applauds the judgment of the Supreme Court that a university may consider race in its admissions process, he considers it ironic that, after several hundred years of class-based discrimination against Blacks, the Court is unwilling to hold that a class-based remedy for that discrimination is permissible. (Author/KR)

Bakke vs The Regents of the University of California is examined in historical perspective and in light of recent developments in the area of reverse discrimination. An attempt is made to analyze the nature of the California Supreme Court's holding, demonstrate the errors in the logic, and expose the potentially catastrophic results should the…