The First Amendment and compulsory funding of student government political resolutions at state universities

Article Abstract:

Public universities should be restricted from funding student government political resolutions, because such resolutions violate the First Amendment rights of dissenting students. The conflict arises because student governments claim to speak on behalf of all students, whereas funding of political or ideological student groups that represent only their own members does not raise similar First Amendment concerns. The funding of student government activities with mandatory student fees must be sufficiently related to the institution's educational goals.

Analysis, Freedom of speech, College students, Student government, State universities and colleges, College student government

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Price fixing among elite colleges and universities

Article Abstract:

Price fixing among private colleges and universities has been the subject of a Department of Justice investigation and a private lawsuit. The schools violate antitrust law by jointly setting tuition rates and exchanging financial aid information on applicants. These practices are analogous to those of a price-fixing cartel. The social benefits provided are not sufficient to justify an exemption from the antitrust laws. Schools should independently determine tuition rates and financial aid awards before any information is exchanged.

Cases, Prices and rates, Cartels, Student financial aid, Private universities and colleges, Student financial aid administration

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Vertical maximum price fixing after State Oil Company v. Khan

Article Abstract:

The Supreme Court ruled in State Oil Co. v. Khan that vertical maximum price fixing agreements are subject to the rule of reason and abrogates use of the per se rule in this context. Using the rule of reason, such an agreement violates Section 1 of the Sherman Act only when it imposes an unreasonable restraint on competition. The decision will free these agreements from the strictures of the per se rule and facilitate supplier use thereof.

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