Challenges assertion in article by the Alexanders that "Ex Corde Ecclesiae" will increase risk that Catholic institutions of higher education will violate the Establishment Clause. Authors argue that recent Establishment Clause decisions by the U.S. Supreme Court have effectively eliminated the wall of separation between church and…

The Constitution provides the ground rules to create obligations on the state and to transform the education system by introducing human rights in line with the best developed democracies. This article is not about state-compelled school attendance, but rather the observe: the right to attend school. So while the right to attend school is part of…

In the case of RAV v. City of St. Paul, a teenager was charged with violating the city's Bias-Motivated Crime Ordinance after being accused of burning a cross inside the fenced yard of a black family. In a 9-0 decision, the Supreme Court struck down the St. Paul ordinance, a decision which raised a question as to whether many college and…

By considering the historical background, relevant court decisions, constitutional alternatives, and practical and political implications, this paper examines the legal issues surrounding proposals calling for prayer, Bible reading, or posting of the Ten Commandments in public schools. Historically, the secularization of public schools occurred…

Minutes of a hearing of the Senate Subcommittee on the Constitution are presented, beginning with opening statements from four United States senators (Hatch, Grassley, Thurmond, DeConcini) concerning the significance of the United States Constitution and its doctrine of the diffusion of powers. The core of the minutes includes the prepared…

First amendment challenges to the use of mandatory student fees for abortion services have not reached federal courts, and the only pertinent state decision upheld the mandatory fee system. However, recent decisions and historical analysis suggest the court must grant relief to students whose right to free worship is violated. (Author/MSE)

The competing constitutional interests of the student press and the rest of the community at a state university are examined, addressing issues of administrative censorship, mandatory student funding of newspapers, and open access and right of reply claims made against the student press. (MSE)

A Chinese student of American constitutional law looks at problems and prospects in the application of the American constitutional experience in China and encourages more comparative study of consitutional law. (MSE)

Following the recent decision of the New York Court of Appeals in Gordon v. Committee on Character and Fitness, state residency requirements may prove vulnerable to future attacks based on the privileges and immunities clause. (Available from: University of South Dakota School of Law, Vermillion, SD 57069) (Author/MLW)

A preliminary overview of the constitutional issues in the relationship between higher education and federal regulation or control is offered. Reference is made to the Dartmouth College case and the views of Yale President Kingman Brewster, and to implications of Title IX regulations. (LBH)

Students who have been dismissed from their graduate program or who believe faculty treated them unfairly should be allowed to challenge those actions. Although the "Alcorn v. Vaksman" decision (1994) seems to spell out broader rights for students who challenge academic decisions, Professor Vaksman won very little, and the case merely…

Whenever we decide that racist speech must be tolerated because of the importance of maintaining societal tolerance for all unpopular speech, we are asking socially subordinated groups to bear the burden of racism for the good of all. Those who pay the price must be fairly represented. (MSE)

Current efforts to place new limits on freedom of expression on campuses, however well intentioned, are incompatible with the mission and meaning of a university and send exactly the wrong message from academia to society. Universities should exhibit more, not less, freedom of expression than prevails in society at large. (MSE)

Challenges to the admissions processes of colleges and universities have been successfully lodged on both contract and due process (14th Amendment) grounds. Reviews and categorizes these cases and suggests steps institutions can take to avoid litigation. (MLF)

Examines the readability of the U.S. Constitution. Reports that, of 117 undergraduate students who read the document, approximately 25 percent had difficulty completing a cloze procedure based upon it. Calls for further research on the high school and college levels. Suggests that the Constitution be presented in learning environments designed to…