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Gray, John; Ciofalo, Andrew – West's Education Law Reporter, 1989
Absent the constitutional rights enjoyed by the student press at state institutions of higher education, the administration at a private institution is legally free to control the content of its student press. Explores a theory that shifts the focus to academic freedom protected by contracts between faculty and institutions. (MLF)
Descriptors: Academic Freedom, Censorship, College Faculty, Constitutional Law
Thompson, Garland L. – Black Issues in Higher Education, 1994
A federal court decision, Podberesky vs. Kirwin, in which a University of Maryland scholarship program targeting African American students was found to be racially discriminatory is a cause for concern because of heightened federal pressure to desegregate colleges and because of its possible implications for other state universities. (MSE)
Descriptors: Affirmative Action, Black Education, Black Students, Court Litigation
Jaschik, Scott – Chronicle of Higher Education, 1994
A federal appeals court ordered new trials on whether curriculum at Alabama's predominantly white colleges discriminates against blacks by lacking content on black thought and history, and whether much of the state land-grant program should be shifted from Auburn University to Alabama A&M, a historically black institution. (MSE)
Descriptors: Black Colleges, Black Culture, Black History, College Curriculum
Jaschik, Scott – Chronicle of Higher Education, 1995
A federal district judge ruled that state officials failed to demonstrate the need to close Mississippi Valley State University and merge Mississippi University for Women with Mississippi State University to meet desegregation requirements. He ordered Mississippi to provide additional funds to two other black colleges, and approved a state plan…
Descriptors: Admission Criteria, Black Colleges, College Administration, College Desegregation
Jaschik, Scott – Chronicle of Higher Education, 1995
The Clinton administration has asked the Supreme Court to force Virginia Military Institute, currently all male, to admit women rather than have the state create a similar leadership program for women at another institution. The case parallels litigation in South Carolina involving the Citadel. (MSE)
Descriptors: College Administration, Constitutional Law, Court Litigation, Federal Courts

Strossen, Nadine – Academe, 1992
Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)
Descriptors: Academic Freedom, Art, Censorship, Civil Liberties
Hawkins, B. Denise – Black Issues in Higher Education, 1992
Dr. Lloyd Hackley argues that first Brown v. Board of Education in 1954, then United States v. Fordice nearly 40 years later, robbed millions of African-American children and young adults of quality education. He charges that the focus of legislation has been to integrate school buildings not society. (Author/MSE)
Descriptors: Administrator Attitudes, Black Education, Civil Rights, College Presidents

Frost, Lynda – Journal of College and University Law, 1991
Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…
Descriptors: Academic Freedom, College Administration, College Faculty, Confidential Records
Are Non-Church Controlled Educational Institutions Still Entitled to Title VII Religious Exemptions?
Mawdsley, Ralph D. – West's Education Law Quarterly, 1994
In "Kamehameha," the Ninth Circuit Court of Appeals found that the schools were covered by none of the exemptions permitting employment discrimination on religious grounds. The decision has the potential to cause difficulties for religious educational institutions that are not church controlled but desire to impose religious requirements…
Descriptors: Court Litigation, Elementary Secondary Education, Equal Opportunities (Jobs), Federal Courts

Lee, Barbara A. – Journal of College and University Law, 1998
Federal Supreme Court and appellate court decisions in 1996 concerning discrimination against college students are reviewed. Several decisions deal with diversity and the lawfulness of excluding applicants under a diversity rationale or extending preferences to certain classes of applicants to enhance diversity. Other cases of discrimination based…
Descriptors: College Administration, College Admission, College Applicants, Court Litigation
Schimmel, David – West's Education Law Quarterly, 1996
"Rosenberger" prohibits public colleges and universities from discriminating against religious viewpoints in their allocation of student activities funds that are equally available to other groups. The Supreme Court decision also extends the range of facilities equally available to student religious organizations for free-speech…
Descriptors: Court Doctrine, Federal Courts, Fees, Freedom of Speech
Mawdsley, Ralph D.; Russo, Charles J. – West's Education Law Quarterly, 1996
The Supreme Court, in "Rosenberger," ruled against the University of Virginia when it denied student newspapers with religious perspectives equal access to student activities funds. Discusses decisions by all the courts and implications for future changes in the legal standard by which cases involving public assistance for religious…
Descriptors: Court Doctrine, Federal Courts, Fees, Freedom of Speech
Brown, Valerie L. – West's Education Law Quarterly, 1996
Addresses the question of institutional duty of care in college sports. Asks if the Supreme Court's decision in "Vernonia," which held that random, suspicionless urinalysis testing of student-athletes is allowed, gives college officials a free hand in conducting random, suspicionless searches for college athletes and nonathletes alike.…
Descriptors: Athletes, College Athletics, Court Litigation, Drug Use Testing
Eveslage, Thomas – 1992
The focus of this paper is the extent to which the judiciary sets the tone for freedom of speech in educational environment, and in so doing, helps define educational institutions themselves. In particular, the paper examines what the federal courts have said about the roles and obligations of educators when dealing with the rights of public…
Descriptors: College Students, Court Litigation, Educational Philosophy, Educational Policy
Chou, Donald; And Others – 1982
In light of two cases soon to be decided by the U.S. Supreme Court--"Bob Jones University v. United States" and "Goldsboro Christian Schools, Inc. v. United States"--this monograph discusses the issue of freedom of religion and racially discriminatory private religious schools. After noting the statutory basis of tax-exempt…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts