Three landmark Supreme Court cases concerning affirmative action and racial discrimination within higher education institutions, and their interrelationships, are discussed: Hopwood vs. the State of Texas; Regents of the University of California vs. Bakke (1978); and Brown vs. Board of Education (1954). Treatment of the legal issues by the Center…

A discussion of hate speech and freedom of speech on college campuses examines the difference between hate speech from normal, objectionable interpersonal comments and looks at Supreme Court decisions on the limits of student free speech. Two cases specifically concerning regulation of hate speech on campus are considered: Chaplinsky v. New…

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)

A federal court decision in which the University of Texas was supported in preferential admissions treatment of minority law school applicants is criticized as perpetuating racial discrimination by a state institution. The suit was brought by four white applicants who would likely have been admitted if they were of a preferred racial group but…

In the context of recent Supreme Court litigation (Jeffries versus Harleston) concerning academic freedom at City College of New York, the nature and parameters of academic freedom are examined, and harms to an institution that might justify legal action against a professor are discussed. It is concluded that the professor's dismissal was neither…

Summarizes the most recent federal court opinions, statutes, and regulations that address the investigation, prosecution, and remedies for sexual harassment on college and university campuses. Implications of the court's decisions on the handling of sexual harassment and gender equity cases at historically black colleges and universities are…

The motion of the American Council of Education (ACE) and the National Institute of Independent Colleges and Universities (NIICU) to reverse the Fifth Circuit Court of Appeals decision in The University of Texas vs. Walter Camenisch is presented. The decision had ordered the university to provide free interpreter services to Camenisch, a deaf…

Although certain constitutional rights do not apply to private institutions, striking similarities in employment problems exist between public and private colleges. Summarizes court litigation involving constitutional standards, established public policy, contractual problems, and financial exigency. Offers procedures for faculty dismissal that…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

A national survey of 214 active and retired judges teaching in law schools revealed information about court jurisdiction, teaching experience, reasons for teaching, problems, and benefits that teaching and judging have for each other. Recommendations are offered to the American Bar Association and the Association of American Law Schools. (MSE)

Since a federal appeals court dropped a case 3 years ago, ruling that states, not the federal government, are responsible for ensuring equal educational opportunity, educators feel African-American education has lost ground. The case argued states sanctioned dual systems of education. States' elimination of some programs now threatens…

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…

A federal judge has struck down the National Collegiate Athletic Association (NCAA) freshman-eligibility standards based on standardized college entrance test scores as racially discriminatory. The ruling means that the 577 Division I and II institutions can determine their own eligibility standards, but if the ruling is reversed, some students…

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

After the appellate court decision in Hopwood versus State of Texas, overturning racial preference in law school admissions, supporters of continued affirmative action policy in higher education are finding conservatives on the offensive and a chilly climate for broad access, but are not planning an aggressive counterattack for fear of negative…