The legal tests that are applied to the issue of state mandates to provide creation instruction in public schools, and the implications of the mandates, are discussed. This issue is compared with other curriculum mandates and requirements to illustrate the difficulty of the problem. (MSE)

Exclusion of ideas from copyright protection is an antiquated and indefensible notion. Traditional infringement tests do not provide adequate incentive or protection to idea creators. Innovations such as limited duration monopoly or own/sell option are reasonable. (AVAIL: Albany Law School of Union University, 80 New Scotland Ave., Albany, NY…

Discusses the possible application of contract law and state constitutions to free expression disputes in private schools. (FL)

In the context of an analysis of the Davis case, an expansion of the law regulating rights of the handicapped to higher education is encouraged. Constitutional arguments are applied. The burden of providing reasonable access is placed on institutions. Equal protection and due process arguments may be used as theories of relief. (MSE)

Constitutional protections must not yield to the political passions of the moment. As a result of Narenji, in international crises foreign citizens temporarily in the United States are in jeopardy of being singled out to prove their individual blamelessness. (Journal availability: Dennis & Company, 251 Main St., Buffalo, NY 14203.) (MSE)

Nonintervention and various forms of intervention are examined prior to a detailed exposition of a proposed contract approach in dealing with the problem of how the state should react when an individual invokes the civil courts against his religious organization. Two policy concerns, entanglement and reasonable expectation of members, are…

Discusses how colleges and universities must demonstrate that granting racial preferences in admissions will confer a benefit upon society, and how they can develop a plan for granting racial preferences that is "narrowly tailored" to achieve only the level of diversity needed to create the desired benefit. (EV)

The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…

Deals with court decisions related to secular humanism in public schools. States that the major issues are: (1) whether or not secular humanism is a religion; and (2) whether or not it is being promoted in public schools. Relates implications of the court's apparent definition of secular as nonreligious, rather than anti-religious. (LS)

Takes issues with Gregory Hauser's previous article positing a constitutional right of social fraternities to formal recognition at public institutions of higher education. Reanalyzes each of the associational cases cited by Hauser, cites additional cases, adds a waiver argument, and wraps up with a public policy comparison of higher education…

The Virginia Supreme Court unanimously ruled that the issuance of tax exempt bonds to a religiously affiliated university violated both state and federal constitutions. Reviews the court decision, analyzes the constitutional issues, and contends that court actions intruded beyond the permissible boundaries of constitutional neutrality. (38…

A law school course about the Constitution's history and theory in the era of its framers is described. The course explores their learning, ideas, and vision and examines the document's intellectual background, writing and ratification processes, major issues and alternatives confronted, and ideas about its function as a form of government. (MSE)

The relationship statements that many colleges have developed to define relationships with Greek-letter student organizations often impose demanding regulatory schemes on those organizations. From analysis of the statements and student legal rights, it is concluded that institutions have no right to single out the organizations for burdensome…

Reviews major legal decisions on the constitutionality of race-conscious admissions in higher education and addresses non-race-conscious methods of increasing minority enrollment. Concludes with a discussion of how policy makers who choose to implement race-conscious admissions can maximize the likelihood of the admissions system passing…