Presents a plan for a student-organized open discussion relating to conflicts between the desire to protect children from harmful material on the Internet and the need to protect First Amendment rights. Includes a note to teachers, instructions for conducting the forum, background information, and roles for students participating in the…

This book examines the role of religion in U.S. education. The book argues that public schools and universities must take religion seriously. Written from the perspective of a philosopher and generalist, the volume asserts that people need to have a better understanding of the deep assumptions that shape their thinking about religion and education…

The United States Supreme Court, in a 5-4 decision in the Rosenberger case, ruled that the University of Virginia had violated the free speech clause of the First Amendment of the United States Constitution by refusing to subsidize a Christian student publication. The magazine, "Wide Awake," was published by a student organization that…

This paper discusses some basic constitutional and statutory principles related to affirmative action and reverse discrimination in employment of educational personnel. The specifications of the Equal Protection Clause of the 14th Amendment, Title VII of the Civil Rights Act of 1964, other statutes and regulations, and selected Supreme Court cases…

Section A of the Media and Law section of these proceedings contains the following 11 papers: "The Record of the Rehnquist Court on Freedom of Expression" (F. Dennis Hale); "An Examination of the FCC's Minority and Gender Licensing Policies" (Howard Kleiman); "Exploring the Possibilities of an International Right of…

This paper is a summary of a comprehensive work on the legal, social, educational, and political history of lesbian and gay teachers in U.S. society from colonial times to the present. Case law on homosexual educators is discussed, as are three major political campaigns that sought to prohibit homosexual conduct, activity or advocacy by school…

Ten essays discuss federal democracy, the form of government of the United States. The first essay discusses the origins of American federalism. The second examines why we have a federal system, the functions federalism serves, and the consequences of federalism for the American political system. Federalism in the Constitution and constitutional…

After World War II, the newly federated Yugoslav government promised equality to the country's many different ethnic and religious groups. The 1974 Constitution guaranteed every citizen his or her free expression of belonging to a "nation" or "nationality," the free expression of his or her ethnic culture, and the freedom to…

A study on government regulation of religiously affiliated higher education was conducted for the Sloan Commission on Government and Higher Education. The following two questions were addressed: What legal problems arising from governmental regulation have religiously affiliated colleges experienced at least partially because of their religious…

A case study is presented of the planning of a merger of two public institutions in Nashville, Tennessee, in which a federal judge ordered predominantly white University of Tennessee at Nashville to merge with predominantly black Tennessee State University. This action represents the first time a white university has merged with a black one, with…

Reviews the development of faculty collective bargaining in public higher education, as affected by federal and state constitutions and laws. Anticipates future trends. Topics covered include bargaining, organizing, determining the bargaining unit, negotiation agreements and impasses, administering the agreement, and relations between bargaining…

Raising tuition is one solution to reduced revenue at public colleges and universities. Nonresidents, aliens, or persons who have only recently established residency in the state bear a larger share of the financial burden. Constitutional pitfalls in this policy are reviewed, and the validity of sex-based tuition rules is examined. (MLW)

In an expansion of his paper presented at the American Bar Association's 1978 annual meeting, Professor Goetz reviews the 1977 Supreme Court labor law decisions, focusing on employment discrimination cases and the legality of affirmative action programs in the decision in Board of Regents of the University of California v Bakke. (MF)

The structure and reasoning of Justice Powell's decision in the Bakke case are examined with specific reference to the concepts of institutional autonomy and academic freedom. (BH)

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…