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…

The essays of this collection explore the restriction of speech and the hate speech codes that attempt to restrict bigoted or offensive speech and punish those who engage in it. These essays generally argue that speech restrictions are dangerous and counterproductive, but they acknowledge that it is very difficult to distinguish between…

Many departments in higher education institutions actively recruit women and minority candidates for faculty positions. When a department decides that an available position should be filled by a woman, are the supporting rationales legally sound? This paper describes some basic principles of federal law that address issues of affirmative action…

Documentation of the Romanian system of language instruction in ethnic minority languages is presented in Romanian, French, and English. It consists of: relevant provisions from the national constitution concerning the rights of ethnic minority members; organization and functioning of the educational system at the elementary, middle, and secondary…

Recent legal developments concerning college students and colleges and universities are summarized, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. The status of…

The concept of owning knowledge is somewhat ethereal and until recently had little relevance to academic institutions. In principle any object that is capable of being controlled is capable of being owned. The most basic control concerns decisions about whether to communicate knowledge. The philosophical foundation which is the basis of the legal…

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…

The results of a study of the affirmative action effort in higher education systems is summarized in three parts. Part I, which consists of the first four chapters of this book, presents the results of a historical analysis of the efforts of blacks to obtain an education, examines the extent to which equal opportunity has existed in the higher…

Explored are the various kinds and degrees of interdependence between private colleges and state governments. An overview examines the meaning of "private," and the legal relationships are analyzed: Supreme Court Decisions, the state action doctrine, sifting facts and weighing circumstances, and case law trends toward state action.…

Reviews facts and statistics regarding the use of emergency powers by the South African government. Details the effects of restrictions on constitutional rights and reveals that two-thirds of all killings which occurred during the state of emergency were done by security forces. (JDH)

The legal status of constitutionally autonomous higher education systems is analyzed, and a constitutional provision granting autonomous status to the Board of Regents of the State University System of Florida is proposed. The legal implication of adopting the constitutional provision granting autonomy is assessed. (JMD)

Increases in the past 20 years in federal financing and federal controls are reviewed. It is suggested that the present troubles in higher education are traceable to the fact that other goals have slipped ahead of educational goals in the priorities of management. Social justice and equal opportunity have replaced learning as goals. (LBH)

Reviews the activities of the New Christian Right (NCR) related to teaching evolution in the public schools. Describes the effects of legislation and court litigation on the NCR's efforts to eliminate secular humanism from textbooks. Provides an NCR definition of secular humanism. (LS)

Discusses "new judicial federalism" as the rediscovery of state bills of rights for protecting civil liberties. Analyzes the differences in protection under state and federal bills of rights. Recommends that the growing importance of state constitutions be included in the political science curriculum and suggests bibliographic sources to…

In Smith vs. Regents of the University of California, the California Supreme Court established new constitutional limitations on use of mandatory student fees. This article examines the Court's restriction of use of funds for ideological or controversial extracurricular programs and concludes that the distinction between educational and political…