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Disciplinary and Academic Decisions Pertaining to Students: A Review of the 1995 Judicial Decisions.

Pavela, Gary – Journal of College and University Law, 1997
Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…
Descriptors: Academic Achievement, Administrative Policy, College Administration, College Students

Sroka, Scott L. – Journal of College and University Law, 1997
Reviews 1995 case law concerning discrimination against college students, in which legal analysis often resembles that of employment discrimination cases but has subtle twists in application and may involve constitutional issues. Cases discussed touch issues of racial discrimination, gender discrimination (systemic and against individuals), and…
Descriptors: College Administration, College Students, Constitutional Law, Court Litigation

Baida, Andrew H. – Journal of College and University Law, 1994
This article discusses the strategy that the University of Maryland pursued in defending the constitutionality of its race-based Benjamin Banneker Scholarship program for black students. It also analyzes the respective decisions of the district court and court of appeals, which recently declared the scholarships unconstitutional. (MDM)
Descriptors: Blacks, College Students, Compliance (Legal), Constitutional Law

Maddox, Robert L. – Religion & Public Education, 1990
Discusses the constitutional issues involved in government funding of religious schools. Argues against school choice and suggests that religious schools do not offer a real choice. Warns against state involvement in religious schools as a threat to freedom of religion, separation of church and state, and the independence of private schools. (DK)
Descriptors: Constitutional Law, Educational Vouchers, Elementary Secondary Education, Legal Problems

Shearer, Patricia; And Others – Journal of College and University Law, 1990
Constitutional implications of the University of Massachusetts' establishment and termination of a legal services office, and a student challenge to its closure, are examined, focusing on the court's decision to disregard forum analysis and instead apply subsidy analysis, which almost predetermined the final holding. (MSE)
Descriptors: Administrative Policy, Ancillary School Services, College Administration, Constitutional Law

Newman, Stephen A. – Journal of College and University Law, 1995
In the context of recent Supreme Court litigation (Jeffries versus Harleston) concerning academic freedom at City College of New York, the nature and parameters of academic freedom are examined, and harms to an institution that might justify legal action against a professor are discussed. It is concluded that the professor's dismissal was neither…
Descriptors: Academic Freedom, College Faculty, Constitutional Law, Court Litigation
Haynes, Charles C., Ed. – 1994
This guidebook is built on the conviction that finding common ground on many divisive issues is possible within the civic framework provided by the Religious Liberty clauses of the First Amendment to the U.S. Constitution. It argues that there is a clearly defined constitutional difference between "teaching religion" to students and "teaching…
Descriptors: Conflict Resolution, Constitutional Law, Controversial Issues (Course Content), Court Litigation
Texas Young Lawyers Association, Austin. – 1984
A brief review of the federal constitutional provisions and equivalent Texas Constitutional provisions for the criminally accused is provided in question and answer form. First Amendment rights related to such matters as freedom of the press, rights of students, picketing, distributing leaflets, state licensing, and obscenity are considered in the…
Descriptors: Adult Education, Citizenship Education, Civil Liberties, Constitutional Law
Evans, William J., Jr. – 1988
This chapter examines court cases reported during 1987 of tort claims involving school officials, employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. The most common tort alleged to have been committed by school personnel is negligence. Most negligence suits…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Educational Malpractice
Evans, William J., Jr. – 1987
This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Educational Legislation
Hendrickson, Robert M.; Mangum, Ronald Scott – 1977
Explored are the various kinds and degrees of interdependence between private colleges and state governments. An overview examines the meaning of "private," and the legal relationships are analyzed: Supreme Court Decisions, the state action doctrine, sifting facts and weighing circumstances, and case law trends toward state action.…
Descriptors: Consortia, Constitutional Law, Contracts, Government Role
Handler, Joel F. – 1974
During the last two decades, there has been a great increase in the use of litigation by social reform groups. This activity has been stimulated by the hospitality of the courts to the demands of social reform groups and the availability of subsidized young, activist lawyers. The paper examines the uses of the legal system by social reform groups…
Descriptors: Change Agents, Change Strategies, Civil Rights, Constitutional Law

Kramer, Karen M. – Journal of College and University Law, 1995
In Smith vs. Regents of the University of California, the California Supreme Court established new constitutional limitations on use of mandatory student fees. This article examines the Court's restriction of use of funds for ideological or controversial extracurricular programs and concludes that the distinction between educational and political…
Descriptors: College Administration, Constitutional Law, Court Litigation, Extracurricular Activities

Gaffney, Edward M., Jr. – Journal of College and University Law, 1999
Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…
Descriptors: Catholic Educators, Church Related Colleges, College Administration, Constitutional Law

Cranman, Kevin A. – Journal of College and University Law, 1998
Examines the challenges to colleges and universities associated with maintaining privacy as use of technology increases and technology advances. Lapses in security, types of information needing protection, liability under federal laws, other relevant laws and pending legislation, ethics, and policy implementation in the electronic age are…
Descriptors: Access to Information, Administrative Policy, College Administration, Constitutional Law