The Constitution empowers Congress to protect the rights of authors. There is disagreement, however, over whether Congress may grant authors a limited monopoly on their works or may regulate authorship by permitting reasonable public access to creative works. The traditional view of expansive pre-publication rights for authors is supported by…

Explores the differences between the U.S. Constitution and British constitutional law. Specifically examines the concept of the U.S. Bill of Rights in relation to the United Kingdom common law doctrine of parliamentary sovereignty. (BSR)

An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

Examines the concept of federalism in terms of its past history and its encouraging future. Calls for a revival of concern for federalism not simply as a convenient administrative arrangement but as a fundamental constitutional value. (BSR)

Uses five myths about the Constitution of the United States to help students better understand the basis for and the ratification of this important historical document. Among the myths included are the heart of the Constitution is the Bill of Rights and the Constitution was created by reactionary commercial interests to maintain the status quo.…

Surveys the most significant court cases in 2000 involving First Amendment rights in higher education, especially those that may have received scant attention when decided but which promise to affect campus life for years to come. Provides insight into legal trends and shifting thinking as it applies to the First Amendment in the college and…

In May 2005, university administrators were rudely awakened from their civic slumbers by a "notice of implementation" from the U.S. Department of Education. With little advance comment from the academy, Congress had passed and the President had signed into law a requirement that "each educational institution that receives Federal…

Debates about flag desecration present sensitive issues. This opinion paper examines the defeat of the flag burning amendment to the U.S. Constitution, which would have read "The Congress and the States shall have power to prohibit the physical desecration of the flag of the United States." The most talked about points in the…

This document is one of a series of papers by leading scholars presented at the State University of New York's annual program of educational policy seminars. The paper reviews recent judicial attempts to interpret the U.S. Constitution's first amendment's establishment clause in areas that have had a significant impact on educational policy…

The concept of institutional academic freedom is discussed. Attention is directed to how the concept confounds the distinct values and standards traditionally used in analysis of cases involving individual rights in higher education, and legal and practical problems it raises for the maintenance of traditional concepts of academic freedom. The…

The Tenth Circuit Court affirmed that the University of New Mexico must comply with an Equal Employment Opportunity (EEOC) subpoena for personnel records. The author concludes after examining the case that the court's decision will probably not have an enduring effect in defining employee privacy interests and EEOC access to records. (JT)

Examines four recent Supreme Court decisions. The decisions involve Miranda rights, alleged Fourth Amendment violations (good faith exception and vehicle searches), and the right to confront witnesses. (BSR)

A university president urges development of a doctrine of "academic deference" to protect academic freedom and discourages overuse of constitutional litigation in higher education-related disputes. Academic deference is encouraged in censorship of former government employees returning to academe, restrictions on international scholarly…

Excerpts from Supreme Court opinions on legal standards for federal affirmative action programs include those from the majority opinion by Justice Sandra Day O'Connor, a concurring opinion by Justice Antonin Scalia, and a dissenting opinion by Justice John Paul Stevens. (MSE)

A federal district judge ruled that a state university may not discipline students by infringing on their right to freedom of speech based on an activity's perceived offensive content. The case involved a George Mason University (Virginia) fraternity contest that the administration felt was racist. (MSE)