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..)

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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