A consideration of the issues in the DeFunis v. Odegaard case focusing on the extent to which the principles of "moral philosophy" are contingent with the requirement of equal protection. Discusses levels of review under the equal protection clause and "benign" racial classifications, and constitutional evaluation of…

The Nassau Chapter of the New York Civil Liberties Union (NYCLU) is a state affiliate of the American Civil Liberties Union (ACLU), a national, non-profit, non-partisan organization that defends civil liberties in and out of the courtroom. The goal of the group is the advancement of civil liberties according to strict interpretation of the U.S.…

This report discusses the passage and implications of the 1974 Buckley Amendment, which completely reversed policy on disclosure of school records. Two features are central to the amendment: the student may inspect nearly every school record that concerns him or her, and the school is prohibited from divulging most aspects of a student's record to…

Since the "New York Times Co. v. Sullivan" decision in 1964, courts have debated the degrees of protection from defamation that should be offered to individuals and the concomitant degree of freedom that the press should have to report on matters of public concern. Most recently, the Supreme Court has attempted to balance these competing…

This paper focuses on the federal Freedom of Information Act (FOIA) and analyzes the possibilities for interpretation or amendment of the act in order to secure preferential treatment for the press, with regard to access to information. After briefly examining the manner in which special-access claims have been treated by the courts, the paper…

Reviews court decisions involving tenure rights in higher education, focusing mainly on the contractual aspects of tenure, and examines the relationship of tenure to consitutional issues in an effort to completely define the legal status of tenure in higher education. (Author/JG)

Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

Courses on the Constitution must focus on the principles of government. Those principles and how the understanding of those principles shaped the document are appropriate subjects for consideration. The best sources for an examination of the Constitution are "The Records of the Federal Convention of 1787" and "The Federalist."…

An analysis of first amendment guarantees focuses on the federal government's power to regulate experiments, arguing that they do not merit the stringent level of first amendment protection offered by strict scrutiny or related standards. (Author/MSE)

Presented are the opinions of Justices Thurgood Marshall, Lewis F. Powell, Jr., Byron R. White, and Sandra Day O'Connor supporting the court decision that providing governmental aid to students preparing for the ministry under a vocational education act does not violate the separation of church and state. (MSE)

Problem-solving and role-playing can be used successfully even in the second semester of law school, serving as a bridge between traditional analytical and doctrinal education and the more realistic simulation and clinical experiences of the third year. Students can gain sufficient experience to perform proficiently in more advanced courses. (MSE)

A board member, says the Supreme Court, must be held to a standard of conduct based on knowledge of the basic unquestioned constitutional rights of his charges. The best defense against this serious liability threat is strict attention to due process and other relevant legal considerations. (Author/LBH)

A major source of the controversy over Title IX and athletics is the meaning of equality, which may be measured in terms of opportunities, procedures, or results. Problems with coed teams, spending, intramural sports, spectator-oriented sports, quotas, scholarship policy, and recruiting are discussed. (LBH)

One of the most important federal statutory schemes for opening the university "black box" and for increasing access to other public and quasi-public entities is Title 42 of the United States Code, section 1983, the codified successor of the Civil Rights Act of 1871. Its implications for accountability are discussed. (LBH)

Current legal ramifications of the right of privacy in students' school records are examined. It is suggested that resolution of the school record problem must be made with the realization that whatever is imprinted on a youth will affect his future and that of society. (LBH)