First Amendment Institutions

Author: Paul Horwitz
Publisher: Harvard University Press
ISBN: 0674070925
Format: PDF, ePub, Mobi
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Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.

Freedom and Tenure in the Academy

Author: William W. Van Alstyne
Publisher: Duke University Press
ISBN: 9780822313335
Format: PDF, ePub
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"Focusing on freedom of artistic expression, Robert O'Neil raises difficult questions about what kinds of art displays taxpayers can be expected to tolerate in the colleges and universities they support. Rodney A. Smolla looks at the ways in which "hate" speech and offensive expression on campuses engage wide First Amendment jurisprudence. Judith Jarvis Thomson examines the vexed issue of selecting - and valuing - individual faculty members or disciplines with regard to ideology. Michael W. McConnell offers a spirited defense of the value of allowing religiously committed colleges and universities to pursue their own course in a secular age. New to this edition, Thomson and Finkin offer an equally spirited response to McConnell. Returning to larger questions, David M. Rabban discusses the clash between institutional and individual claims of academic freedom. Also included are reprints of the full texts of the 1915 and 1940 statements, as well as all extensive bibliography." "Freedom and Tenure in the Academy is sure to be an essential volume for all those - lawyers, scholars, and administrators of higher education alike - concerned with the difficult issues of academic freedom facing the world of higher education."--BOOK JACKET.

Challenges to Religious Liberty in the Twenty First Century

Author: Gerard V. Bradley
Publisher: Cambridge University Press
ISBN: 1107378788
Format: PDF, ePub, Docs
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Almost everyone today affirms the importance and merit of religious liberty. But religious liberty is being challenged by new questions (for example, use of the niqab or church adoption services for same-sex couples) and new forces (such as globalization and Islamism). Combined, these make the meaning of religious liberty in the twenty-first century uncertain. This collection of essays by ten of the world's leading scholars on religious liberty takes aim at these issues. The book is arranged around five specific challenges to religious liberty today: the state's responsibility to prevent coercion and intimidation of believers by others within the same faith community; the US's basic moral responsibilities to promote religious liberty abroad; how to understand and apply the traditional right of conscientious objection in today's circumstances; the distinctive problems presented by globalization; and the viability today of an 'originalist' interpretation of the First Amendment religion clauses.

The Supplement to A Legal Guide for Student Affairs Professionals

Author: William A. Kaplin
Publisher: John Wiley & Sons
ISBN: 1118123514
Format: PDF, ePub, Mobi
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Based on A Legal Guide for Student Affairs Professionals, Second Edition, this indispensable resource offers guidance on recent legal developments affecting higher education institutions and programs. The Supplement provides analysis, commentary, and resources especially for student affairs practitioners and graduate students in student affairs administration courses. The Supplement covers developments from mid-2008 through December, 2010. It includes discussions of court opinions, statutes, regulations, and related developments, as well as bibliography entries and text citations to selected law journal articles, books, web sites, and other new resources. Topics covered include: the Higher Education Opportunity Act; litigation involving online courses and programs; the U.S. Supreme Court's decision in the Christian Legal Society case on student organizations' membership policies; new cases involving students with disabilities; new federal rules on federal student loan programs; student academic dismissals and codes of professional ethics; new developments in student discipline; institutional liability for student suicide; guidelines for searching residence hall rooms; and campus security issues.

Saving Our Children from the First Amendment

Author: Kevin W. Saunders
Publisher: NYU Press
ISBN: 0814786936
Format: PDF, Docs
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The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America, demonstrating how an unregulated flow of information can be detrimental to youth. While the great value of the First Amendment is found in its protection of our most important political freedoms, this is far more significant for adults, who can fully grasp and benefit from the freedom of expression, than for children. Constitutional prohibitions on distributing sexual materials to children, Saunders proposes, should be expanded to include violent, vulgar, or profane materials, as well as music that contains hate speech. Saunders offers an insightful meditation on the problem of protecting our children from the negative effects of freedom of expression without curtailing First Amendment rights for adults.

What is Wrong with the First Amendment

Author: Steven H. Shiffrin
Publisher: Cambridge University Press
ISBN: 1107160960
Format: PDF, ePub
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This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.

The Institutions of American Democracy

Author: Geneva Overholser
Publisher: Oxford University Press
ISBN: 019988384X
Format: PDF, ePub, Mobi
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American democracy is built on its institutions. The Congress, the presidency, and the judiciary, in particular, undergird the rights and responsibilities of every citizen. The free press, for example, protected by the First Amendment, allows for the dissent so necessary in a democracy. How has this institution changed since the nation's founding? And what can we, as leaders, policymakers, and citizens, do to keep it vital? The freedom of the press is an essential element of American democracy. With the guidance of editors Geneva Overholser and Kathleen Hall Jamieson, this volume examines the role of the press in a democracy, investigating alternative models used throughout world history to better understand how the American press has evolved into what it is today. The commission also examines ways to allow more voices to be heard and to improve the institution of the American free press. The Press, a collection of essays by the nation's leading journalism scholars and professionals, will examine the history, identity, roles, and future of the American press, with an emphasis on topics of concern to both practitioners and consumers of American media.

Higher Education Law

Author: Steven G. Poskanzer
Publisher: JHU Press
ISBN: 0801876699
Format: PDF, ePub
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In each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve.

The Law of Higher Education 2 Volume Set

Author: William A. Kaplin
Publisher: John Wiley & Sons
ISBN: 111853428X
Format: PDF
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Make sure you have a copy on your bookshelf. The Law of Higher Education, Fifth Edition, is the mostup-to-date and comprehensive reference, research source, andpractical legal guide for college and university administrators,campus attorneys, legal counsel, and institutional researchers,addressing all the major legal issues and regulatory developmentsin higher education. In the increasingly litigious environment of higher education,William A. Kaplin and Barbara A. Lee’s clear, cogent, andcontextualized legal guide proves more and more indispensable everyyear. Over 3,000 new cases related to higher education have beendecided since the publication of the previous edition, and scoresof changes to higher education law are made each year. Everysection of the fifth edition contains new material, including thoserelated to: Hate speech and free speech rights of faculty in publicuniversities Sharing of research with international colleagues Intellectual property and peer-to-peer file sharing Student suicide Campus safety Police and administrators’ right to searchstudents’ residence hall rooms Governmental support for religious institutions and religiousautonomy rights of individual public institutions Collective bargaining and antidiscrimination laws Nondiscrimination and affirmative action in employment,admissions, and financial aid Family and Medical Leave Act and workers’compensation FERPA (Family Educational Rights and Privacy Act)

The Law of Higher Education 2 Volumes

Author: William A. Kaplin
Publisher: John Wiley & Sons
ISBN: 0787986593
Format: PDF, Kindle
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An updated, two-volume guide to legal issues that affect higher education including relations with the governing board, personnel, students, government, and external private entities. Over one-third of the content is new covering such issues as the implications of the USA PATRIOT Act, allocation of mandatory student activities fees, and the rights of intercollegiate athletes.