This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

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…

As a means of providing additional search warrant protection for the news media and others engaged in public communications, the United States Congress adopted the "Privacy Protection Act of 1980." Legal and documentary research conducted over a period of two years has revealed a potential defect of the statute relating to the court…

Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

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)

The Supreme Court has ruled that certain professionals have immunity from civil rights lawsuits, but has not considered any cases involving social workers. A split view regarding the extent of social workers' immunity in investigating child abuse cases has appeared in two courts of appeals. Discusses immunity, the case in these two circuits, and…

A comment on two court cases gives an overview of the eleventh-amendment analysis, used by some federal courts in suits against state colleges and universities, that argues that the institutions are alter-egos of the state and independent to face suit in federal court. (MSE)

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…

Principals and other educators fear litigation over defamation. Defamation means an injury to character or reputation by false, malicious statements, whether by printed words (libel) or by spoken words (slander). To constitute defamation, the words must be actionable, defamatory, refer to the plaintiff, and be communicated to others. If the words…

The merits of student arguments challenging the constitutionality of mandatory student fees to finance certain activities or services are examined and balanced against the public university's interest in providing a forum for the expression of diverse and controversial ideas. (MSE)

In a review of the court decision and opinions in the Allan Bakke medical school admissions case, reasons are found for further proceedings on the issue and to dispute counsel's claim of having produced all available information. Available from Southern University School of Law, Southern Branch Post Office, Baton Rouge, LA 70813. (MSE)

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 court case comment traces establishment clause educational debates in cases leading to a Supreme Court decision in which it was found that a blind student otherwise eligible for financial aid could not be denied the aid just because the funds were to be used for religious education. (MSE)

It is suggested that the Bakke case settles so little it is virtually useless as a precedent. Its single holding is that it put Bakke in medical school; without any consistent majority rationale there is no law of the case. Available from Univ. of Oregon, School of Law, Eugene, OR 97403. (MSE)