There have been many studies done and much research completed on the problem of academic dishonesty at the college and university level. However, there is a dearth of studies done on academic dishonesty as it relates to the legal issues and trends related to higher education administration. The purpose of this research is to analyze the issues,…

The purpose of this paper is to help identify newspaper advertisements which fall under the protection of the First Amendment. Although the Supreme Court declared in 1942 that advertisements which propose a purely commercial transaction were not protected by the First Amendment, in 1976 it decided that commercial expression, like other forms of…

Discusses concerns regarding the Internet and its relationship to law and ethics. Answers questions about use of Internet sites, copyright issues, graphics, and other features in stories. (PA)

As part of a larger study, researchers collected campus codes prohibiting hate crimes, which were then reviewed to determine whether the codes presented constitutional problems. Based on this review, the authors develop and present a model policy that is content neutral and does not use language that could be viewed as unconstitutionally vague or…

Provides an overview of the First Amendment status of college print media, and then discusses the degree to which student-controlled electronic media outlets warrant comparable expressive rights. (SR)

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)

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The authors debate whether institutions of higher learning should impose regulations or speech codes to ban sexually harassive speech believed to foster gender-based discrimination. Masters insists that narrowly crafted controls are necessary to make colleges and universities inviting to all. Dagley argues that speech codes are improper because…

This paper analyzes how absolutist arguments against campus harassment codes violate the spirit of the first amendment, examining in particular the United States Supreme Court ruling in "RAV v. St. Paul." The paper begins by tracing the current development of first amendment doctrine, analyzing its inadequacy in the campus hate speech…

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…

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)

Examines First Amendment, privacy, and intellectual property issues of communication on the Internet. Discusses developments in communications policy related to the proposed communication superhighway. Suggests ways in which communication scholars can secure fundamental legal protections necessary for full, free, and effective communication in the…

Recently, some critics have argued that the academy has become infected by a new brand of censorship which threatens the openness central to a university's purposes. Dinesh D'Souza has argued that this censorship is a manifestation of influence enjoyed by leftist radical professors and students. D'Souza is correct that the First Amendment is being…

This book provides a collection of major cases and selected reprints of important articles from leading law journals, about obscenity, censorship, rights of privacy, and other First Amendment problems. The 50 Supreme Court decisions and 17 interpretive articles examine the legal activism of the Warren and Burger courts, from the 1960s through the…

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…