The United States Supreme Court recently rendered a decision in the "Collins v. City of Harker Heights" case, which addressed the liability of public entities for alleged "constitutional torts." Discusses the precursors of "Collins," analyzes the decision itself, and discusses the various elements that must be…

Discusses Section 1983 of the Civil Rights Act of 1871, focusing on "Gonzaga University v. Doe" (2001). Reviews the Supreme Court's decision, analyzes the decision as it applies to federal statutes such as the Individuals with Disabilities Education Act, and discusses future implications of the decision. (Contains 91 endnotes.) (WFA)

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

Legal and practical considerations are discussed concerning whether school systems should participate in the nationwide class action suit against asbestos manufactureres or file suit on their own. Other topics discussed include grooming rules in sports, unnecessary litigation, and immunity from civil rights lawsuits for school officials. (TE)

Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)

An overview of recent court decisions on prayer in public schools is followed by brief synopses of cases in nine areas concerning primary and secondary levels and four areas concerning higher education. Finally, law review articles on federal and state issues are summarized. (MD)

Executive administrators are vulnerable to the malice and defamatory attacks of critics on and off their campuses. Documents the impact of the actual malice standard on public higher education administrators since the United States Supreme Court's 1964 decision in "New York Times Co. v. Sullivan." Reviews "New York Times" and…

Court decisions in suits by student victims against the school district employers and superiors of student molesters present a confusing mix of tort liability theories and court reactions. Examines case development under civil rights statutes; reports on the latest Supreme Court decision under Title IX; and comments on the cumulative effect of…

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)

Examines the work of administrative agencies and courts in processing discrimination claims under Title VII (equal employment opportunity) of the Civil Rights Act of 1964, concluding that the common law rule of employer discretion has been superseded by the principle of just cause in personnel decisions. (MF)

Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

This review article examines judicial pronouncements on the law of higher education during 1993. It focuses on cases addressing institutional powers, the First Amendment, invasion of privacy, tort liability, immunities, access to records and meetings, funding, employment, adverse disciplinary decisions, and student discrimination. (MDM)