Summarizes some of 2001's more interesting and important court cases regarding employment discrimination in higher education, commenting on their effects on case law. (EV)

A discussion of sexual harassment on American college campuses focuses on the case of Silva v. University of New Hampshire. The article examines the university's responsibility to protect students from sexual harassment while at the same time protecting freedom of expression. Various examples are presented in an attempt to define sexual…

This booklet addresses responsibilities and rights of faculty interacting with postsecondary students who have disabilities and the legislation determining those responsibilities and rights. It focuses on the requirements of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. For each of the two laws,…

The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

By analyzing contemporary literature, this paper posits a federal role in what is seen as a trend toward "normalizing" college faculty positions and shifting control away from state and local jurisdictions. Three factors are seen as contributing to this shift. The first is the government's role in funding the hard sciences which has, in…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

All three branches of American government--legislative, executive, and judicial--play a significant role in shaping the enterprise of American public education. This book, an update of the 1980 second edition, describes and analyzes changes in education and the dynamic impact of the law on education's authority. The book can serve as an advanced…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…

This publication is designed to encourage and assist those who seek to improve school systems through the improvement of school laws. This is a revised edition of "Know Your School Law," Bulletin 1952 No. 1, by Dr. Ward W. Keesecker, and is part of the Office of Education program to develop a clearinghouse of timely and useful information on…