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)

This monograph was designed to assist school attorneys, school board members, and administrators in their efforts to prevent, respond to, and defend against claims of sexual harassment by employees. It includes discussion of the law relating to harassment of employees by other employees and employee harassment of students. Practical advice is…

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…

Federal Supreme Court and appellate court decisions in 1996 concerning discrimination against college students are reviewed. Several decisions deal with diversity and the lawfulness of excluding applicants under a diversity rationale or extending preferences to certain classes of applicants to enhance diversity. Other cases of discrimination based…

In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…

Discusses (1) a Michigan court decision concerning reverse discrimination and voluntary affirmative action policies; (2) the Massachusetts Supreme Court's rejection of the work-to-rule strategy; and (3) an Arkansas law that will allow teachers failing a basic skills and literacy test to be fired only when their state certification expires. (MLF)

In "University of Pennsylvania," the Supreme Court unanimously rejected a privilege protecting the confidentiality of material assembled for tenure decisions. Focused on sex discrimination complaints, this article addresses how tenure committees can prevent "smoking guns" from getting in tenure review files and who can look in…

Examines a U.S. Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Cautions against a possible trend toward renewed school emphasis on dress codes and other issues of decorum. (IW)

Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)

An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)

Addresses the authority of school officials to regulate student dress by examining school dress codes, first with respect to communicative dress--or dress that communicates speech--and then with respect to noncommunicative dress. Provides a summary of the law on dress codes and a basic set of rules to assist school officials in drafting…

Responses from 157 principals (65 percent of a national sample) showed strong support for dress codes. Research focuses on the perception of school principals regarding dress codes, analyzes dress codes for common features, and proposes a constitutional standard of review for contested dress codes. (58 footnotes) (MLF)

In Kansas City, Kansas, the school system wanted to do more than end two decades of court-ordered desegregation plans. The district created a comprehensive and integrated plan for educational improvement that can be used by any district. A three-pronged approach to school planning focuses on programs, demographics, and facilities. (MLF)