The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

This study explores the antecedents of the Newspaper Preservation Act of 1970 (a provision which allowed for limited exemption from federal antitrust laws), including the case of "United States vs. Citizen Publishing Company" and the failing-company doctrine as enunciated in "International Shoe Company vs. Federal Trade…

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

The Supreme Court has ruled that certain professionals have immunity from civil rights lawsuits, but has not considered any cases involving social workers. A split view regarding the extent of social workers' immunity in investigating child abuse cases has appeared in two courts of appeals. Discusses immunity, the case in these two circuits, and…

A series of recent decisions, largely in federal courts since 1972, are examined for inferences that may encourage institutions to set forth more clearly the conditions that precede dismissal on academic or misbehavior grounds. Guidelines are suggested for administrative procedure and faculty practices such as grading. (JT)

A comment on two court cases gives an overview of the eleventh-amendment analysis, used by some federal courts in suits against state colleges and universities, that argues that the institutions are alter-egos of the state and independent to face suit in federal court. (MSE)

Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…

This paper analyzes "Equal Employment Opportunities Commission (EEOC) vs. University of Detroit," the first federal circuit court case concerning a college faculty member refusing to pay union dues because of religious beliefs conflicting with purposes for which dues are used. Suggestions for union and institutional response in such…

Uses the relatively new science of fuzzy logic to review lower court and appellate court decisions from the last four decades regarding free expression in student publications. Finds pronounced effects, showing that fuzzy sets inherently favor administrators, while students show a strikingly high win/loss ratio when courts avoid fuzzy logic. (SR)

Principals and other educators fear litigation over defamation. Defamation means an injury to character or reputation by false, malicious statements, whether by printed words (libel) or by spoken words (slander). To constitute defamation, the words must be actionable, defamatory, refer to the plaintiff, and be communicated to others. If the words…

A Supreme Court ruling found that federal programs or policies based on race must meet a legal test of strict scrutiny, requiring the program to demonstrate a compelling government interest and be narrowly tailored. Legal experts suggest that few federal affirmative action programs currently meet the standard. (MSE)

A federal appeals court decision ruled in favor of three publishers who had sued the owner of a small copy-shop business for copyright infringement in producing custom-made anthologies for college courses. However, a divided court could not determine willful violation of the law, vacating damages awarded in lower court. Debate over fair use…

The Supreme Court has ruled public colleges may not deny funds to student groups because they engage in religious activities. The case, involving the University of Virginia, sets looser standards for separation of church and state in higher education. Some see it as providing new protections against censorship and withdrawal of funds. Text of the…

The Supreme Court's dissenting opinion in a University of Virginia case concerning denial of funds to a religious student newspaper is presented. Justice Souter argues that the ruling supporting funding is in violation of doctrine concerning separation of church and state. (MSE)

The merits of student arguments challenging the constitutionality of mandatory student fees to finance certain activities or services are examined and balanced against the public university's interest in providing a forum for the expression of diverse and controversial ideas. (MSE)