The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - 151
Implications of Christian Legal Society v. Martinez
at conferences. Graduate programs organized
according to the Council for the Advancement
of Standards in Higher Education (CAS) recommend that professionals have acquaintance
with the legal and ethical parameters of their
work (CAS, 2012). Educational programs of
this type, whether in graduate programs or
professional development contexts, should
include studies of case law, combined with
the use of hypothetical situations, involving
questions raised in CLS as parts of discussions led by legal professionals. These should
be conducted with reference to relevant college
student development theories such as moral
and faith development, reflective judgment,
and identity development.
It may sound like a truism, but the law is
much more fluid and evolving than may appear
on the surface. There is considerable room to
accommodate differences if disputes are moderated with reason. College and university
housing professionals are at the ground level
of where disputes can arise-where students
live and informally process their classroom and
cocurricular experiences. The sensitive exercising of an ethic of care grounded in a solid
knowledge of settled law can help bridge differences in this important area of religious belief.
Perhaps the only thing that can be certain in the
ever evolving study of law is that litigation will
continue to raise such questions as who may
have access to campus facilities, what institutional communication channels are available
to which groups, and whether there is possible
infiltration by groups hostile to organizational
values. It thus remains incumbent on housing
professionals to keep abreast of legal developments so that they can provide the most beneficial learning experiences for students.
REFERENCES
Barry, J. M. (2012). Roger Williams and the creation of
the American soul: Church, state, and the birth of
liberty. New York, NY: Viking.
Brubacher, J. S., & Rudy, W. (2008). Higher education
in transition: A history of American colleges and
universities, 1636-1976 (3rd ed.). New York, NY:
Harper and Row.
Christian Legal Society v. Martinez, 319 Fed. Appx.
645 (9th Cir. 2009a), cert. granted, 130 S. Ct. 795
(2009b), 561 U.S. __, 130 S. Ct. 2971 (2010a),
on remand sub nom. Christian Legal Society v. Wu,
626 F.3d 483 (9th Cir. 2010b).
Christian Legal Society v. Walker, 453 F.3d 853 (7th Cir.
2006).
Council for the Advancement of Standards in Higher
Education (CAS). (2012). CAS professional standards for higher education (8th ed.). Washington,
DC: Author.
Davis, J. C. (Ed.). (2008). On religious liberty: Selections from the works of Roger Williams. Cambridge,
MA: Harvard University Press.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260
(1988).
Healy v. James, 408 U.S. 169 (1972).
Lee v. Weisman, 505 U.S. 577 (1992).
Moran, C. D., Roberts, C., Tobin, J., & Harvey, L.
(2008). Religious expression in residence halls
at public colleges and universities: Freedoms and
constraints. The Journal of College and University
Student Housing, 35(2), 48-61.
Nussbaum, M. N. (2008). Liberty of conscience: In
defense of America's religious equality. New York,
NY: Basic Books.
Pascarella, E. T., & Terenzini, P. T. (2005). How college
affects students: A third decade of research (Vol. 2).
San Francisco, CA: Jossey-Bass.
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Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1
Contents
The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - Intro
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