Implications and ramifications of the religion clauses of the First Amendment are examined. Supreme Court rulings of the last six years concerning many issues, including government and privately sponsored nativity scenes in public places, public aid to parochial schools, and equal access of religious groups to public school facilities, are…

Six of the 22 Supreme Court decisions in the 1981-82 term concerning or affecting higher education are discussed. The cases concerned sex discrimination, tuition-free public schooling for undocumented children, residency status, dormitory drug search, student religious groups using school facilities, and the scope of Title IX. (MSE)

Legal and educational responsibility of law schools in dismissing students for academic or disciplinary reasons is discussed. Need for and rights to due process are examined, and constitutional law is referred to. Available from William S. Hein and Co., 1285 Main St., Buffalo, NY 14209. (MSE)

In "Tucker v. State of California Department of Education," the U.S. Court of Appeals for the Ninth Circuit ruled that a public employee has the right to engage in religious advocacy among fellow employees under certain circumstances. Judge Reinhardt suggests that government agencies either ban all employee displays about any topic…

A University of Michigan policy barred harassment or discrimination based on race, ethnicity, religion, sex, sexual orientation, creed, national origin, ancestry, age, marital status, handicapped, or Vietnam-veteran status. It was declared unconstitutional because it violated First Amendment rights. University officials may rewrite policy or…

Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines…

This article examines the constitutionality of educational institutions using mandatory student fees to support controversial student groups, focusing on the implications of the Smith v. Regents of the University of California, in which the California Supreme Court held the assessment of mandatory fees unconstitutional if those fees support a…

The recent Supreme Court refusal to hear a case appeal may prevent some church-related colleges from hiring only faculty sharing their beliefs. The earlier decision, involving hiring in a private elementary/secondary school, held that the institution was primarily secular, not religious by nature. (MSE)

The Department of Education's (ED) Office for Civil Rights (OCR) enforces several statutes that protect the rights of beneficiaries in programs or activities that receive financial assistance from ED. These laws prohibit discrimination on the basis of race, color, and national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the…

Legal methods and related case law that can be used by public higher education administrators to deal with intrusions by outsiders onto the campus are examined. The following legal factors related to control of campus access are addressed: risk management, police power, general trespass, school related trespass/loitering statutes, First and…

An award-winning law student article discusses the implications of a court decision concerning the legality of student searches on campus and the need for institutions to review their policies and attitudes toward increased scrutiny of student life. (MSE)

Presents perspectives of five authorities in education on the question of academic freedom in elementary, secondary, and higher education. Suggests that the meaning of academic freedom has become more ambiguous and elusive as new social and educational settings have developed in recent years. (Author/MJL)

Constitutional doctrines (First Amendment religious clauses and Fourteenth Amendment equal protection clause) and factual issues are discussed, including: policies and procedures for recognition of student groups, facilities accessibility for students, literature distribution on campus, student activities accounting, and nonstudent speaker…

Bakke's equal protection holding is analyzed and an assessment is offered of what the decisions mean for academic special admissions programs. Discussion focuses on how race may be used as a factor in admissions decisions consistently with the equal protection clause of the Federal Constitution. (Author/MSE)

Examines the legal and ethical framework within which the National Center for Education Statistics must work to resolve the tensions between obligations to disclose information and obligations to protect confidentiality. Discusses some approaches to reconciling the sometimes conflicting demands of applicable legal and ethical guidelines. (164…