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)

This chapter examines federal and state court cases from 1978 that deal with the organization of public higher education, state authority in higher education, intergovernmental relations, tax exemptions, wills and trusts, private higher education, and school finance. The author suggests that the lack of cases concerning open meeting laws indicates…

This study discusses four states: California, Colorado, Michigan, and Minnesota considered by scholars to have provided their state universities with great autonomy from state government through their constitutions and matched them with four states: Hawaii, Illinois, Maryland, Wisconsin, which have distinguished universities of a similar size…

Summaries of bills pertaining to higher education from the Washington State Senate and House of Representatives are presented. The legislation covers the following: library services to Indian tribes; acquisition of surplus EXPO facilities; creation of the Vocational Education Commission; renaming of the Council for Postsecondary Education;…

The growth of government participation in higher education planning over the last two decades is discussed from the dual perspective of a college planning officer at Western Washington State College, and also a Washington state senator. It is noted that the state-federal planning establishment has flourished after the great growth period in U.S.…

Drawing from a review of the literature, this paper addresses a series of questions related to the issue of whether state agencies, such as state boards of regents, commissions of higher education, or boards of education, should have the sole legal and official power to determine which postsecondary educational institutions can operate legally…

The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)

State responsibility for chartering, incorporating, and authorizing postsecondary institutions to operate has become crucial in recent years. It is acknowledged that states have made major progress in strengthening their authorizing and regulatory functions but continued progress is needed. (Author/LBH)

A survey indicates that the state government has more influence on higher education than federal and local authorities together, but a growth of federal influence is foreseen. (Editor/LBH)

The history of the 11th amendment to the U.S. Constitution and its current application to schools and universities are examined in this paper. The amendment, which seeks to protect the states by redefining judicial boundaries within the federal concept of government, is unclear and paradoxical, especially to claimants seeking federal relief from a…

This, the third annual yearbook on higher education law, provides a comprehensive summary and analysis of all state and federal court cases involving higher education reported during 1978. The chapters have been authored by individuals who are experts in higher education law and specialists in the particular topics of their chapter. The chapters…

New pressures on accreditation and the unique factors that are the foundation of its continuing value to postsecondary education are addressed. The expanding variety of institutions to be accredited, government regulation, state authorization, legal sanctions, and self-regulation are also discussed. (Author/LBH)

This publication examines ways to teach about law in the liberal arts. This issue features a dialogue among eight social science, humanities, policy, and legal scholars, in which they discuss a wide range of viewpoints on federalism. The conversation traverses historical perspectives on federal-state relations, changes in selected public policy…

Three movements that have affected the structure of American postsecondary education are the development of governance by lay boards of control, the growth in power of state coordinating bodies, and the emergence of federal regulatory agency authority over postsecondary education. American postsecondary education has been characterized as…

The paper discusses the political events and issues that affected North Carolina and the nation between 1776 and 1789. Attitudes and philosophies on government and its centralization form the foundation for North Carolina's traditional and firm opposition to centralization of power and changes in government structure. North Carolina's…