Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…

The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)

More and more college professors are constructing their own "anthologies," photocopied compilations of recent articles and book excerpts, that are used as textbook substitutes. Addresses the impact of copyright law on the creation and distribution of customized college-course anthologies. (39 footnotes) (MLF)

Explores procedural and legal implications of the "Salve" decision in which the Supreme Court said that the court of appeals must review "de novo" the federal district court's determination of state law. (55 references) (MLF)

In "Fordice," the Supreme Court refused to recognize that the higher education system for the state of Mississippi had desegregated. Discusses the implications of the resultant new constitutional standard for the desegregation of higher education; financial effects on black colleges; and how the new standard could affect federal district…

Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…

In "Harris" the Supreme Court ruled that Title VII is violated when the workplace environment "would reasonably be perceived and is perceived as hostile or abusive." Schools and colleges, by developing appropriate policies, procedures, and educational programs, can substantially increase understanding about the legal aspects of…

The Supreme Court ruled, in "R.A.V. v. City of St. Paul Minnesota," that the city's Biased-Motivated Crime Ordinance is unconstitutional. Discusses the factual background of "R.A.V.," of "Doe v. University of Michigan," and leading cases in the area of student first amendment rights. Draws conclusions and assesses…

Discusses a recent Fourth Circuit Court of Appeals decision that when individuals are allowed to try out for or join a team participating in a contact sport and operated for members of the other sex, then discrimination against because of their sex is prohibited by Title IX. (22 footnotes) (MLF)

In "Lehnert v. Ferris Faculty Association" the Supreme Court agreed that local unions can charge nonmembers for some parent-organization expenses not directly related to bargaining. Contends that the decision weakens the academic freedom for college and university faculty members who do not wish to voluntarily support union activity. (21…

Considers the First Circuit=s decision to extend the journalistic privilege to protect academic researchers who were subpoenaed in the Microsoft litigation. Gives an overview of traditional rules of evidence, discusses previous cases, and outlines the arguments researchers have made to fight subpoenas. Concludes that the research privilege should…

Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…

Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

Argues that increased federal regulation in the name of accountability will diminish the quality and innovative capacity of higher education. Examines pending litigation that would automatically subject a college to federal regulation if its students accept federal aid and thus become "conduits" of federal assistance to the institution.…