Re: Is ths legal?...
At 04:18 AM 12/17/95 -0500, you wrote:
Exactly. If Oklahoma University is private, it can establish and enforce policies that would be unconstitutional at public schools. Those policies become part of the contract and a student must abide by them, except when they are administered arbitrarily and capriciously. At a public universities, students probably would have more freedom to challenge this policy.
In looking at their homepage, it appears to be a state funded school. (There is not alot of background on the school history or affiliations on their homepage except for a note that it was founded by the territorial legislature a number of years before becoming a state..) | What is the Eye in the Food Pyramid? | alano@teleport.com | |"The moral PGP Diffie taught Zimmerman unites all| Disclaimer: | | mankind free in one-key-steganography-privacy!" | Ignore the man | |`finger -l alano@teleport.com` for PGP 2.6.2 key | behind the keyboard.| | http://www.teleport.com/~alano/ | <fnord> |
Excerpts from internet.cypherpunks: 17-Dec-95 Re: Is ths legal?... by Alan Olsen@teleport.com
In looking at their homepage, it appears to be a state funded school. (There is not alot of background on the school history or affiliations on their homepage except for a note that it was founded by the territorial legislature a number of years before becoming a state..)
My understanding is that it is a state school. But for state action to be present, there has to be a significant interdependent relationship constituting a nexus of state action between the state and the university. Like administrators being appointed by agents of the state government. State funding by itself is not sufficient. If that were true, CMU -- which receives almost half its revenue from the government -- would have to behave reasonably. (It doesn't; check out http://joc.mit.edu/~joc/cmu.html) -Declan (not a lawyer)
On Sun, 17 Dec 1995, Declan B. McCullagh wrote:
Excerpts from internet.cypherpunks: 17-Dec-95 Re: Is ths legal?... by Alan Olsen@teleport.com
In looking at their homepage, it appears to be a state funded school. (There is not alot of background on the school history or affiliations on their homepage except for a note that it was founded by the territorial legislature a number of years before becoming a state..)
My understanding is that it is a state school. But for state action to be present, there has to be a significant interdependent relationship constituting a nexus of state action between the state and the university. Like administrators being appointed by agents of the state government.
State funding by itself is not sufficient. If that were true, CMU -- which receives almost half its revenue from the government -- would have to behave reasonably. (It doesn't; check out http://joc.mit.edu/~joc/cmu.html)
-Declan (not a lawyer)
Obviously.
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On Sun, 17 Dec 1995, Declan B. McCullagh wrote:
State funding by itself is not sufficient. If that were true, CMU -- which receives almost half its revenue from the government -- would have to behave reasonably. (It doesn't; check out http://joc.mit.edu/~joc/cmu.html)
There is some precedent for Federal funding being used to influence the behaviour of universities - most notably with anti-discrimination. I don't think federal contracts affect this particular area. Simon
participants (4)
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Alan Olsen -
Black Unicorn -
Declan B. McCullagh -
Simon Spero