Papers are included on the topics of: state constitutions and higher education (Samuel K. Gove and Susan Welch); executive leadership and the universities (John W. Lederle, Patrick J. Lucey, Allen Rosenbaum, John W. Wood, Malcolm Moos and Francis E. Rourke); legislative control of higher education (Heinz Eulau and Harold Quinley, David D. Henry,…

The Aspen Institute formed a National Commission on Coping with Interdependence to investigate the capacity of Americans to cope with interdependence and consider how that capacity can be enhanced. This paper responds to two questions: to what extent do our existing institutions perceive the predicament, analyze its implications, and act in…

This article discusses the constitutionality of racially restrictive student clubs and organizations at colleges and universities, focusing on the recent proliferation of such groups, the laws and legal standards that apply to such campus groups, and recommendations to university administrators concerning racially restrictive organizations. (MDM)

Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)

Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…

This paper reviews various court decisions, especially West Virginia State Board of Education v. Barnette, regarding the right of public school students to refuse to participate in mandatory patriotic school exercises and discusses the attitudes of teachers regarding mandatory participation. In Barnette, the Supremee Court, by a six-to-three…

This publication contains 17 papers on the impact of collective bargaining on higher education over the past 20 years. The papers are grouped in four sections on the state of unions in higher education, individual and collective rights in the academy, bargaining in the trenches, and overviews of past and present legal issues. The papers are: (1)…

Papers are presented that were prepared as part of a study group of the International Council for Educational Development on criteria and procedures for admission to higher education and the relationship between higher education and the law. In "Access to Higher Education and the Law," Larry G. Simon analyzes the role of law and especially the…

The Education Law Association's yearbook of education law provides lawyers, administrators, and professors with a comprehensive review and analysis of the previous year's state and federal court decisions and legislation affecting the operation, management, and governance of public elementary and secondary schools, higher education, and…

The 1988 Supreme Court decision in Hazelwood School District vs. Kuhlmeier, characterized by deference to school officials in controlling speech and publications, is examined in the context of 10 higher education cases citing the decision. It is concluded that higher education in general, faculty in particular, should be concerned about an…

Presents R. Scarce's account of his jailing for refusal to divulge to the authorities information gathered for his doctoral research. Revealing the information would have been a violation of the American Sociological Association's Code of Ethics. Concludes with 13 concerns and suggestions for protecting scholarly research from legal intrusion.…

Supreme Court Justice Sandra Day O'Connor's concurring opinion in "Rosenberger v. Rectors and Visitors of University of Virginia," in which the Court ruled that the university acted unconstitutionally in denying student activities funds to a Christian newspaper not affiliated with a church, is excerpted here. The opinion maintains that…

Racial tension on college campuses and attempts to respond with antiracism rules are discussed. Such rules may be viewed as conflicting with the First Amendment or falling within the realm of equality-protecting amendments. Both perspectives are valid, but conflicting. A "postmodern" insight may address the gap. (JB)