Academic journal article Journal of Law and Education
Law Review Digests-Colleges and Universities
Robert B. Groholski, The Right to Representation by Counsel in University Disciplinary Proceedings: A Denial of Due Process of Law, 19 N. ILL. U. L. REv. 739 (1999). A university student facing expulsion risks losing both liberty and property because a college education is a requirement for many jobs and the student has paid tuition for that education. The question of how much due process should be afforded such individuals is usually based on a balancing comprised of the student's interests on the one hand and the interests of the university on the other. While counsel has sometimes been limited to an advisory role in these university proceedings, the author advocates that the interests of the student outweigh those of the university and the student should therefore be given full rights to representation by counsel. Such a procedure would better balance the arguments of the inexperienced student against those of a well administered university.
Kenneth Lasson, Controversial Speakers on Campus: Liberties, Limitations, and Common-Sense Guidelines, 12 ST. THOMAS L. REv. 39 (1999). There has been intense debate as to whether universities can limit and/or restrict a speaker and her speech once it allows the speaker on campus. The Constitution prohibits discrimination against a speaker based on a particular viewpoint. The only substantial reason that a speaker can be excluded or canceled by a university is when the speaker is thought to bring an imminent threat of violence and a security risk to the campus.
Walter Block & Roy Whitehead Jr., Direct Payment of State Scholarship Funds to Church-Related Colleges Offend the Constitution and Title VI, 14 BYU J. PUB. L. 191 (2000). The Arkansas Governor's Distinguished Scholar's Program was created to keep the state's best and brightest students within the state. However, the program has been criticized as violating the Establishment Clause of the first amendment by recognizing established religion. Students selected for the program can attend the college or university of his or her choice within the state, meaning students can elect to attend a church-related institution. …