This dissertation is a "public forum" legal case study on the federal court case "Madison v. Wolf" (2005) involving a conflict over the exercise of First Amendment speech rights on the Auraria Higher Education Center (AHEC) campus in Denver, Colorado. The dissertation involves the content analysis of the "Mason v.…

This article explores the impact on students when non-university-affiliated conservative fundamentalist Christian groups conduct provocative demonstrations on campus. As university administrators work to balance free speech rights with missions of civility and pluralism, there is a need to assess and address potential adverse impacts of these…

The present study examines the impact of media and the Neoconservative movement on academic freedom in higher education in the United States post 9/11 era. In the aftermath of September 11, 2001, much media coverage focused on the Middle East. In addition to traditional news sources, new Internet based outlets emerged. Some of these websites were…

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

The old childhood ditty "sticks and stones may break my bones, but words will never hurt me" has proved wiser than the avalanche of commentary provoked by the recent insults by Don Imus and the killings at Virginia Tech. Our society forbids public name-calling but allows sticks and stones. Anyone can acquire a gun, but everyone must be…

Throughout much of the world higher education has been subject to scrutiny, including for example cost, outcomes, stakeholder value, and change. The intensity of the scrutiny and the possible consequences in terms of change have accelerated as a result of 2009 being the year of financial turbulence and scarce resources being used to prop up…

State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

Last December saw another predictable report from the Foundation for Individual Rights in Education (FIRE), a self-described watchdog group, highlighting how higher education is supposedly under siege from a politically correct plague of so-called hate-speech codes. In that report, FIRE declared that as many as 96 percent of top-ranked colleges…

Free speech in American higher education was sorely tested by three bizarre events in the waning days of September and another incident in early October. Each one has potentially grave implications for free expression and academic freedom, and thus merits closer scrutiny. The first event was the extension, then withdrawal and eventual…

Asserts that from the perspective of America's public institutions of higher education, Blackstone's greatest legacy is his understanding of sovereign immunity. Explores the similarities between Blackstone's understanding of sovereign immunity and the current jurisprudence of the U.S. Supreme Court. (EV)

What should college and university administrators do when the First Amendment seemingly conflicts with tightly held institutional values? Should administrators block, discourage, or attempt to adjudicate speech because it doesn't agree with their belief systems or institutional mission statements? This reader-friendly handbook addresses the…

Outlines the confusion arising when public colleges invoke a constitutional shield when they are accused of pirating software. Some state institutions claim immunity under the 11th Amendment from prosecution for infringement of intellectual property. (SLD)

Describes a yearly series of about 10 classes in which a constitutional law teacher and a property law teacher blend their classes to team-teach a topic that has a solid footing in each course: the law applicable to governmental takings of private property for public use. (EV)

Argues that Kenneth Burke's rhetorical theory is exemplified in the statements of Justice Louis Brandeis, whose concept of "the living law" explores the contemporary scene as ground for judicial review. Contends that Robert Bork's search for "neutral principles" in Constitutional words ignores the symbolic and dialectical…