Asserts that from the perspective of America's public institutions of higher education, Blackstone's greatest legacy is his understanding of sovereign immunity. Explores the similarities between Blackstone's understanding of sovereign immunity and the current jurisprudence of the U.S. Supreme Court. (EV)

Surveys the most significant court cases in 2000 involving First Amendment rights in higher education, especially those that may have received scant attention when decided but which promise to affect campus life for years to come. Provides insight into legal trends and shifting thinking as it applies to the First Amendment in the college and…

A university president urges development of a doctrine of "academic deference" to protect academic freedom and discourages overuse of constitutional litigation in higher education-related disputes. Academic deference is encouraged in censorship of former government employees returning to academe, restrictions on international scholarly…

Demonstrates that the ruling in "Board of Trustees of the University of Alabama v. Garrett, " a case involving an Americans with Disabilities Title I suit, made it more problematic than ever that Congress will be able to deploy Section 5 of the Fourteenth Amendment to abrogate state judicial immunity. Evaluates surviving options for…

Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been…

Traces the background of the Government's patent policy as a contractor including the Kennedy and Nixon statements, which served finally to establish a government-wide policy. The author considers the new policy consistent and protective of the rights of both Government and the contractor but notes that it is now questioned on Constitutional…

First amendment challenges to the use of mandatory student fees for abortion services have not reached federal courts, and the only pertinent state decision upheld the mandatory fee system. However, recent decisions and historical analysis suggest the court must grant relief to students whose right to free worship is violated. (Author/MSE)

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)

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)

The relationship statements that many colleges have developed to define relationships with Greek-letter student organizations often impose demanding regulatory schemes on those organizations. From analysis of the statements and student legal rights, it is concluded that institutions have no right to single out the organizations for burdensome…

Reviews major legal decisions on the constitutionality of race-conscious admissions in higher education and addresses non-race-conscious methods of increasing minority enrollment. Concludes with a discussion of how policy makers who choose to implement race-conscious admissions can maximize the likelihood of the admissions system passing…

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…

Court litigation involving the National Association of Intercollegiate Athletics' transfer rule denied procedural due process to a student declared ineligible, assuming that the privilege of competing is not a property right. Students' interest in the system is not adequately protected, and ways must be found to ensure this minimal protection.…

After a review of court cases and the AAUP statement of financial exigency, it is concluded that the policies and procedures for layoff of tenured faculty should be formulated to assure that at least minimal due process protection for the faculty is provided while permitting the institution flexibility for the decision-making process. (LBH)

The college career and intellectual development of James Madison are reviewed, and their influence on his views of republican governance and the social value of higher education are examined. (MSE)