Russell K. Nieli writes in this opinion paper that as far as the ability of state colleges and universities to use race as a criteria for admission goes, "Fisher v. Texas" was a big disappointment, and failed in the most basic way. Nieli states that although some affirmative action opponents have tried to put a more positive spin on the…

The author reports on a Supreme Court case that is echoing across the University of Texas at Austin, and for some students, it is personal. Not long after the U.S. Supreme Court agreed to hear Abigail Fisher's case against the University of Texas at Austin, a lighthearted joke made the rounds at the Warfield Center for African and African-American…

The history of excluding supervisory employees from National Labor Relations Board protection is traced and the Yeshiva University case and implications for higher education are outlined. It is concluded that further court action is needed so as not to further undermine the university's effectiveness. (Journal availability: Ohio N. Univ. Law…

Court application of the second step of due process inquiry (what process is due) to student dismissals from tax-supported postsecondary institutions is examined. Of special interest is the weight given three factors (private interest affected, risk of erroneous deprivation of such interest, and government's interest) in the context of higher…

The contractual nature of the relationship between student and school provides the basis for a practical and flexible legal theory which can be used by courts to offer judicial review to students whose rights are otherwise unprotected from institutional error and abuse. (Author)

The Department of Education's announcement of new policy concerning the evaluation of college desegregation efforts could affect the monitoring of compliance in several states in which court-ordered desegregation plans have expired. The higher standards are based on the 1992 Supreme Court ruling, United States v. Fordice. (MSE)

The United States Court of Appeals for the Fourth District, although stopping short of ordering the Virginia Military Institute (VMI) to admit women, ordered VMI to implement a program which comports with the requirements of equal protection. Offers an analysis of the Fourth Circuit's ruling, a discussion of important educational questions, and a…

A federal appeals court has ruled that there are legitimate reasons a state can operate a single-sex college, provided appropriate programs exist for men and women. Virginia Military Institute provides "adversative" education, grueling physical training without privacy, that would suffer if women were admitted. A proposed separate…

A federal judge's specifications for desegregating Mississippi's state colleges are excerpted from a recent court ruling. Issues addressed include the state's formula for financing colleges, whether the case should focus on students or institutions, the missions of historically black colleges and predominantly white institutions, and campus…

Public college and university administrators are concerned about steady erosion of immunities and tort caps traditionally relied upon for protection against lawsuits. In this context, institutions must consider their protection in these areas: extension of protection to all employees; scope of employment; nongovernmental functions; foundations and…

Nontenured faculty's claims to tenure as a property right, by virtue of common law principles, are examined from historical and litigation perspectives. The common law analysis proposed is applied to employment relationships in private and public institutions. (MSE)

If implemented, "Adams" could go a long way toward erasing the color line in higher education. Without this litigation and the resultant enforcement, the racial dualism of segregated systems of higher education in southern and border states would continue. (Author/IRT)

A highly divided federal appeals court has ordered that South Carolina allow a woman to enter the Citadel, an all-male military college, unless it establishes a comparable program for women or allows the Citadel to become a private institution. Litigation arose over the Citadel's rejection of a woman applicant. (MSE)

According to the federal Copyright Remedy Clarification Act of 1990, state colleges and universities can no longer claim Eleventh Amendment immunity against copyright infringement actions. Faculty and administrators must now be especially careful to understand copyright law requirements and limitations, including fair-use defense and remedies…

During the 1997 session, many Texas lawmakers, especially Black and Hispanic Democrats, have introduced legislation to avert a crisis in the state's higher education system arising from the Hopwood v. Texas supreme court decision leading to discontinuance of affirmative action. Two controversial bills that were approved concerned softening of…