The Supreme Court decision in "Johnson v. Transportation Agency" supports affirmative action in principle. However, the types of affirmative action the courts will allow will continue to vary significantly. Questions and answers provide guidance for educational institutions. (MLF)

Three federal court decisions dealing with use of public university and public school facilities for student religious activities are outlined. The court decisions illustrate a "capriciousness" in the application of the "public forum" and "impressionable youth" issues and leave many questions unanswered. (MD)

In ruling that school officials had not violated students' protection for free speech by censoring a high school newspaper, the U.S. Supreme Court declared the newspaper to be a supervised learning experience for students. Traces the course curriculum theory rationale, implications for college newspapers, and other aspects of censorship. (MLF)

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…

Traces the history of laws and litigation concerning pay equity issues, also referred to as wage equity and comparable worth. Suggests that universities and colleges identify possible problems and take voluntary corrective measures before pay-equity problems arise. (MLF)

Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

To forestall sexual harassment law suits, higher education institutions should (1) adopt a position on faculty/student amorous relationships; (2) state clearly how complaints are handled and by whom; (3) actively educate faculty, staff, and students concerning sexual harassment; and (4) follow up any complaints and keep records of the responses.…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

A historical analysis of the laws surrounding college-fraternity relationships, governed by the first amendment to the Constitution, and the likely state of those laws following the 1984 Supreme Court decision in Roberts v. United States Jaycees, is presented. (MSE)

The lower court findings and 1995 Supreme Court decision in Podberesky versus Kerwin, concerning the legality of race-exclusive scholarships, is reviewed and its implications on race-based financial aid awards are examined. Issues discussed include current Department of Education guidelines in this context, meeting institutional mandates to…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…