The Law and Higher Education: a Casebook: Students, professors. v. 2. Administration, academic program, torts

Front Cover
John Seiler Brubacher
Fairleigh Dickinson Univ Press, 1971 - 701 pages

From inside the book

Contents

Right to Higher Education
3
Admission
10
Race
34
Dismissal Private Institutions
41
Dismissal Public Institutions
68
Dismissal Procedure
117
Publications
149
Military Service
169
Dormitories
184
Societies
193
PROFESSORS
215
Appointment
217
Dismissal
234
Conflict of Interest
256
Academic Freedom
265
Loyalty Oaths Fifth Amendment
312

Domicile
174

Common terms and phrases

Popular passages

Page 277 - Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.
Page 102 - And a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.
Page 49 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act done intentionally without just cause or excuse.
Page 131 - consideration of what procedures due process may require under any given set of circumstances must begin with a determination of the precise nature of the government function involved as well as of the private interest that has been affected by governmental action.
Page 32 - No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit or support of any priest, preacher, minister, or other religious teacher or dignitary as such...
Page 269 - It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.
Page 236 - Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best but the only, evidence of their agreement; and we are not disposed to relax the rule.
Page 298 - NAACP v. Button, 371 US 415 (438) ; [f]or standards of permissible statutory vagueness are strict in the area of free expression. . . . Because First Amendment freedoms need breathing space to survive, government may regulate in the area only with narrow specificity.
Page 104 - Judicial interposition in the operation of the public school system of the Nation raises problems requiring care and restraint. Our courts, however, have not failed to apply the First Amendment's mandate in our educational system where essential to safeguard the fundamental values of freedom of speech and inquiry and of belief. By and large, public education in our Nation is committed to the control of state and local authorities.
Page 162 - In our system, students may not be regarded as closedcircuit recipients of only that which the state chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved.

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