ERIC Number: ED219052
Record Type: RIE
Publication Date: 1982-Mar
Reference Count: 0
The Courts on Campus: Governmental Intruder or Social Conscience. ASHE Annual Meeting 1982 Paper.
Thompson, William J.
The role of the court on the campus is examined from the constitutional cases of the 1960s, through the expansion of administrative regulations during the 1970s, to the potential of judicial restraint and less government in the 1980s. It is agreed that the courts have pushed colleges and universities to higher ethical standards. These positive effects have often been obscured by the effects of decreased institutional autonomy and increased costs. Admittedly, the dependence of higher education on the courts and the legislature to act as its conscience may not have been healthy. Critics would argue that colleges and universities should be able to ethically regulate themselves without the government's role. The validity of the criticism may soon be tested. The outcome of the most frequently cited cases from the judiciary is examined, and the opinions of judges are used to show that great deference has been exhibited except in cases where many basic rights of individuals were violated. In these cases, a commitment to moral justice demanded that the courts intercede. In addition, regulations from the executive and administrative branches are examined in light of the goals to which the proponents of the legislation aspired. Speculation is offered on what would have happended without these laws. The trends of the 1980s toward judicial restraint and less government, and the implication of these trends for ethical standards in higher education, are explored. A bibliography and list of cases are appended. (SW)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials; Information Analyses
Education Level: N/A
Authoring Institution: N/A
Identifiers: ASHE Annual Meeting
Note: Paper presented at the Annual Meeting of the Association for the Study of Higher Education (Washington, DC, March 2-3, 1982).