The implications and shortcomings of court rulings on negligence in libel laws are explored in this paper. The paper first discusses the particulars of the 1974 landmark "Gertz versus Robert Welch, Inc." United States Supreme Court case, in which the court ruled that private persons as well as public figures would be required to prove…

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)

The Supreme Court opinion of June 2002 in "Zelman et al. versus Simmons-Harris et al." is reviewed in this paper. In the first section, an interpretation of the ruling is offered in terms of four evaluative criteria: freedom of choice, productive efficiency, equity, and social cohesion. Unsurprisingly, the opinion strongly emphasized…

Reviews court cases and current issues involving nonverbal communication and the First Amendment. Concludes that many modes of nonverbal expression have won a firm place under the umbrella of protection of the First Amendment but that some modes (flag and draft card burnings, economic boycotts, and coercive persuasion) still raise troublesome…

The equal protection clause permits gender classification and discrimination and cannot support a broadening concept of sexual equality. An equal rights amendment is needed to remedy the situation. Available from Rutgers School of Law-Camden, 5th and Penn Streets, Camden, NJ 08102. (Author/IRT)

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

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…

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…

Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…

Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)

A number of reading specialists are finding themselves testifying in court or writing expert opinions for court cases in such diverse areas as civil rights, criminal law, contracts, warranties, and due process. The validity of readability formulas was tested in the case of David v. Heckler. Another case involved a group of Florida prisoners who…

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…