The admissions decisions of a university are one of its four "essential freedoms," and the courts, as a general rule, defer to universities' judgments regarding academic decisions. In many cases, the courts have said that admissions standards cannot be high-handed, arbitrary, or formulated in bad faith, and they must fall within constitutionally…

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…

The efforts of communication scholars to reduce the apprehension or anxiety that the person feels about communication should be undertaken after considering the ethical, legal, and practical issues such efforts involve. The ethical question is whether or not an instructor has the obligation to intrude into a central feature of a person's life,…

Since June 1979, when the Ohio Supreme Court declared Ohio's finance system constitutional, that system has continued to deteriorate, as evidenced by the number of districts borrowing from the school loan fund. Moreover, the supreme courts of four other states have recently declared their state financing systems unconstitutional. This paper…

The large scale movements of refugees in many areas of the world are having dramatic impacts on indigenous cultures, languages, and literacies. Both anecdotal evidence and research suggest that the experience of uprooting and displacement creates an increased demand for literacy, new forms of literate expression, and more multilingual…

Personnel decisionmaking at colleges and universities is discussed, with consideration of ways to avoid legal problems. Two approaches are recommended for universities: develop procedures to minimize the risk of law suits by faculty members and school staff, and provide protection from lawsuits for faculty and staff. Institutional procedures that…

Suggests that whatever role the jury has in theory, in practice it can ignore the strict application of the law and respond to the unique aspects of each case that comes before it, a right that is supported as an effective means of protecting individuals from the oppressive or unjust use of governmental power. (Author/AM)

This article describes an innovative method of conflict resolution both within the community and as a classroom simulation exercise. For journal availability see SO 504 278. (DE)

Features of the existing legal structure regulating collective bargaining in Canada are examined, including application to the university of the legal regime for both private and public sector collective bargaining, with the conclusion that it is possible to shape a collective bargaining structure compatible with traditional university values. (JT)

Existing judicial authority on the legal status of academic tenure at the college level is examined including acquisition of tenure, obstacles to enforcement and grounds for dismissal, and procedural protections. Disadvantages of attempted legal solutions are emphasized, but the value of judicial review to curb arbitrary decisions is also…

One of the most controversial federal acts providing for random administrative searches is the Occupational Safety and Health Act of 1970 (OSHA). The author reviews the search and seizure law and concludes that abandonment of Fourth Amendment rights should not be predicated on the mere convenience of even a justifiable regulatory scheme. (JT)

Discusses legal and technical problems university counsel is likely to be called upon to resolve in the collective negotiation process and explores the basis of their resolution: statutory duty to bargain, composition of the bargaining team, support committees, marshalling the facts, subjects of bargaining, exchange of demands, and the…

In discussing the Defunis v. Odegaard case and the busing issue in reference to reverse race discrimination, the author concludes that measures that favor racial minorities pose a difficult moral question that should be left to the states. (Author/PG)

Four court cases which expanded freedom of expression in public schools and suggestions for reducing the gap between law and practice in the schools are provided in order to stimulate teachers to shoulder their responsibilities in upholding the principles of the Bill of Rights. (Author/DE)