Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving…

There seems to be an unwritten agreement among most Americans that there are three topics that are best avoided in polite company: (1) politics; (2) personal finances; and (3) religion. The American reluctance to discuss religion with acquaintances at a dinner party or picnic may be a part of a larger phenomenon: a manifestation of the secularism…

It is imperative that school administrators, athletic directors, and interscholastic/athletic associations become knowledgeable in the area of interscholastic athletics at the secondary level and fully understand its potential for litigation. Thus, the purpose of this research study is to examine issues, outcomes, and legal trends involving…

Last December saw another predictable report from the Foundation for Individual Rights in Education (FIRE), a self-described watchdog group, highlighting how higher education is supposedly under siege from a politically correct plague of so-called hate-speech codes. In that report, FIRE declared that as many as 96 percent of top-ranked colleges…

The First Amendment of the U.S. Constitution prohibits both state-sponsored religion and state censorship of expression. In the waning days of June 1995, the U.S. Supreme Court released its landmark decision in "Rosenberger v. University of Virginia," in which it ruled as unconstitutional student organization funding systems in which…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

Despite longstanding interest in cable television regulation, little has been investigated concerning crossownership of cable with other media properties. A study examined the issue from economic (antitrust) and First Amendment (diversity of sources) perspectives. Data on where the cable companies' franchises were located and in what other media…

Discusses the World Intellectual Property Organization's proposed Treaty on Intellectual Property in Respect of Databases and suggests that because it disagrees with United States copyright law and the First Amendment, it should be rejected. Topics include public interests and individual property rights; journalists' reporting; and the fair use…

The issue of whether the First Amendments right to freedom of speech applies to commercial vendors on campuses as it does to nonprofit solicitation is addressed and guidelines provided. Banning commercial solicitation from residence halls, but allowing it on a limited basis in campus centers is recommended. (Author/ABB)

To ascertain the knowledge level and congruent practices among public college and university student-personnel administrators relating to reported court decisions based on the First Amendment religious clauses, questionnaires were sent to a sample of 250 administrators. Responses from 169 (68%) of the administrators are analyzed. (MLF)

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…

These final regulations implement Executive branch policy that, within the framework of constitutional church-state guidelines, religiously affiliated (or "faith-based") organizations should be able to compete on an equal footing with other organizations for funding by the U.S. Department of Education (Department). Department regulations…

The rapid development and application to universities and colleges of the constitutional principles of the First Amendment are analyzed with special reference to Healy v. James and its present and possible future ramifications in the area of student affairs including use of university facilities, student conduct, and organizational activities. (JT)