Court application of the second step of due process inquiry (what process is due) to student dismissals from tax-supported postsecondary institutions is examined. Of special interest is the weight given three factors (private interest affected, risk of erroneous deprivation of such interest, and government's interest) in the context of higher…

Nontenured faculty's claims to tenure as a property right, by virtue of common law principles, are examined from historical and litigation perspectives. The common law analysis proposed is applied to employment relationships in private and public institutions. (MSE)

According to the federal Copyright Remedy Clarification Act of 1990, state colleges and universities can no longer claim Eleventh Amendment immunity against copyright infringement actions. Faculty and administrators must now be especially careful to understand copyright law requirements and limitations, including fair-use defense and remedies…

State sunshine laws, which call for openness in public meetings, are discussed with special reference to Florida, and to their applicability to publicly-funded postsecondary educational institutions. Administrators' perceptions of the law were surveyed confidentially within the state and nation. (LBH)

The tax status of the state college or university under three alternative theories of exemption is examined. It is suggested that such an institution can be included within the expanded view of the doctrine of intergovernmental immunity. (LBH)

First Amendment responsibilities of public colleges and universities to provide access to university facilities for First Amendment activity are analyzed within the public forum doctrine. State action doctrine and implications for private institutions are considered, public forum law in the university setting is discussed, and recent litigation is…

The McLendon decision compelled the state legislature to provide unprecedented procedural protection to untenured faculty in dismissal processes. The institutions can take precautionary measures in hiring faculty, but it is questionable whether many faculty will risk litigation in any case. (MSE)

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…

Amidst widely disparate predictions as to the effect the Yeshiva decision will have in higher education, traditional legal wisdom would suggest awaiting further NLRB and court decisions for guidance on Yeshiva's impact on different institutions, especially given the various existing and potential unionization arrangements. (MSE)

Using a recent incident at the University of Illinois as a case study, this article demonstrates that requiring student religious organizations to comply with state university policies against discrimination on the basis of sexual orientation violates the free exercise rights of the groups' members as those rights are codified in the Religious…

Recent appellate court decisions concerning private social clubs, unreported decisions brought by fraternities, and developments in related case law have strengthened the position that college social fraternity chapters at public colleges and universities may claim a full range of legal protections under the constitutional doctrine known as…

Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…