Reviews issues and administrative regulations pertaining to affirmative action under Executive Orders 11246 and 11375, extension of Title VII of the Civil Rights Act of 1964 to academic and professional employment, and the Higher Education Ammendments of 1972 extending provisions of the Equal Pay Act of 1963. (JT)

Based on a nationwide state-by-state survey, information is presented on state laws regulating charitable solicitations for contributions undertaken on an interstate basis by charitable organizations. Brief summaries are given of each state's (and some municipalities') requirements applicable to colleges and universities and of state and federal…

Under trademark law a school automatically develops rights in the use of its name, athletic team, names and slogans, and seals and symbols, but federal registration is also available. Registration provides both national constructive notice of the claim of rights and incontestability of rights after five years of continuous use. (MSE)

The Civil Rights and Women's Employment Equity Act of 1991 establishes standards for analyzing employment practice that has disparate impact on minorities and women, allows damages for on-the-job discrimination, lengthens the statute of limitations for claims, and broadens protection for plaintiffs in "mixed-motive" cases. Implications…

One aspect of universities becoming "big business" is the marketing and protection of trademarks. Universities have resorted to trademark infringement suits or licensing agreements. The historical purposes of trademark registration, the problems with litigating trademark infringement, and the advantages and disadvantages of licensing…

The article examines the proposed Student Athlete Right to Know Act, discusses the reasons for its development and support including the academic neglect of student athletes, and summarizes the effect the bill will have on intercollegiate athletics and higher education if it becomes law. (DB)

The issue of whether the Civil Rights Act of 1991 applies to both discrimination cases pending on appeal and conduct occurring before its date of enactment is discussed, particularly as it affects higher education institutions. The case against retroactive application of the legislation is examined through legislative history and appellate…

In enacting federal age discrimination legislation, Congress has not preempted the ability of the states to afford more protection to employees from forced retirement than the federal act provides. States with and without age discrimination laws and other sources of law are briefly discussed. (MLW)

This legal analysis of the issue of race-exclusive scholarships at colleges and universities and institutions receiving federal funds concludes that such scholarships are permissible under the Constitution or Title VI but only under limited circumstances (such as to remedy effects of prior identifiable institutional discrimination). (MSE)

Public access to scientific research obtained by faculty employed at state universities, it is suggested, should be restricted until proprietary rights have been secured. Public access to a state university's research denies that institution a proprietary right, and severely discourages the promotion of high quality basic research. (MLW)

College administrators may use state and federal law and disciplinary policy to prevent selling and/or purchasing prefabricated term papers. The federal government may enjoin term-paper companies' activities involving use of the mails for fraudulent purposes. States may enjoin sale of term papers violating education or criminal codes. (MSE)

Implications of public disclosure laws, both state and federal, for university research culture and practices are examined. Issues discussed include research documentation, funding, scientific norms, patent rights for federally funded inventions, the university-industry research relationship, academic freedom, and the Freedom of Information Act.…

Discussion of a ruling allowing state agencies to deny new educational loans to students with previous loans discharged in bankruptcy looks at the intent behind the Bankruptcy Code, specifically concerning the nature of educational loans and the "fresh start" policy. Potential conflicts between the state and federal statute is also…

Perspectives on Title IX of the 1972 Education Amendments concerning gender equity in college sports, include those of a National Collegiate Athletic Association (NCAA) administrator and a women's law attorney. The first looks at the law's provisions, NCAA's role, and related challenges facing institutions. The second focuses on continuing gender…

Montana's university system's experience with collective bargaining within a statutory system, featuring a central management bargaining authority (the board of regents) and multiple bargaining units, is considered. Particular attention is given to how this system has led to greater uniformity of faculty salaries and other conditions of…