Explores moral rights protections in the United States (which allow creators to safeguard their personal, as opposed to pecuniary, rights in their work) and compares them with protections in other parts of the world. Discusses litigation involving moral rights in a university setting. Offers observations on what universities can do to enhance the…

Responds to the articles in the issue's Academic Freedom and Responsibility Symposium by Robert M. O'Neil, J. Peter Byrne, and Richard T. De George, including critiques of the author's proposed "Academic Freedom Policy and Procedures." Concludes that academic freedom can only thrive when it is subject to rigorous analysis by many scholars. (EV)

Describes problems of faculty conflict of interest in general terms; briefly examines the evolution and current context of the problem, including legal and regulatory contexts; discusses the views of scholars, academic associations, and others concerning how the problem should be dealt with by universities; and analyzes and summarizes specific…

Addresses many of the policy issues associated with online learning programs, particularly development of a "Comprehensive Copyright Policy," distinguished from the more commonly understood intellectual property policy issues. Discusses how not every educational use of another's work is a fair use, and asserts that universities need to…

An analysis of problems relating to university patents today is presented, and a policy for the institution which addresses the issues that these problems present is suggested. Patenting the results of university research would not delay the publication of research and would provide a needed source of funding. (Author/MLW)

Colleges and universities generally are not held liable for injuries resulting from student alcohol consumption despite dram shop statutes. However, institutions motivated by student health and safety considerations as well as tort liability should institute carefully structured, positive alcohol policies fostering alcohol awareness and…

Universities must walk a fine line between competing interests in student disciplinary matters. Courts accord differing levels of procedural protection to the student depending on the dispute's nature. While case law shows that a notice, hearing, and substantive evidence are required, due process does not have to meet criminal law standards. (MSE)

Issues in Internal Revenue Service (IRS) guidelines for financial audit of colleges and universities that relate specifically to the institution's compensation of officers, directors, and employees are discussed. Institutions are advised that the "unreasonable compensation" issue may be raised, and they should review compensation…

Discussion of hate speech on college campuses focuses on whether the concept of hate speech encompasses expression deserving full First Amendment protection and thus virtual immunity from college regulation. It is argued that the Supreme Court could sustain some form of hate-speech policy on campus based on precedent elsewhere. (MSE)

Discusses several of the principal issues involved in litigation over disability discrimination in colleges and universities, focusing on enforcement in both administrative and judicial arenas. Concludes that discrimination legislation is complex and may unnecessarily exclude qualified disabled individuals from employment, education, and other…

The ways in which universities have prepared for and managed the issues of conflict of interest and policy concerning delay of publication of university-industry collaborative research results are discussed in the context of the growth of such research and the congressional response to university-industry relationships. (MSE)

Explores legal issues for colleges and universities in responding to disabled students' requests to participate in intercollegiate athletics, outlines statutory requirements of relevant federal legislation, gives an overview of recent case law, and analyzes how institutions can best address the requirements. Concludes that schools must make all…

A review of the relationship of law and academe covers the legal implications of social and educational change, the dichotomy between public and private and between secular and religious institutions, and preventive legal planning. (MSE)

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

This article discusses the strategy that the University of Maryland pursued in defending the constitutionality of its race-based Benjamin Banneker Scholarship program for black students. It also analyzes the respective decisions of the district court and court of appeals, which recently declared the scholarships unconstitutional. (MDM)