Asserts that from the perspective of America's public institutions of higher education, Blackstone's greatest legacy is his understanding of sovereign immunity. Explores the similarities between Blackstone's understanding of sovereign immunity and the current jurisprudence of the U.S. Supreme Court. (EV)

The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

A problem unique to constitutional torts arises when state-created governmental entities are defendants. Implications of the problem are discussed, and it is concluded that until the issue is resolved, the right to compensation for violations of rights will continue to depend upon the law of the state in which the violation occurred. (LBH)

Since the 1974 Supreme Court dicta in "Gertz v. Robert Welch, Inc.," many courts have held that statement of opinion is constitutionally protected. However, statements that appear to be opinion based on undisclosed facts or knowledge not generally known to the public can be an exception. For instance, courts have protected specific…

The first chapter of this monograph on sport law presents tort issues, primarily negligence. A discussion of some fundamental negligence concepts is followed by three sections devoted to the prime risk areas in school and collegiate settings. A review of the principles of risk management is included. The second chapter focuses on contractual…

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

Discussions of procedural due process, first amendment rights, sex discrimination, tort law, discrimination on the basis of handicap, and legal principles regarding athletic associations and conferences indicate the wide range of legal principles to which postsecondary athletic programs are subject. Sex discrimination is noted as a major issue in…

Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

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.…

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)…

This chapter includes all cases involving student-athletes, coaches, athletic directors, athletic associations, and booster organizations at both the K-12 and higher education levels. However, no case law is discussed that pertains to physical education instruction or intramural participation. The cases are discussed in the following sections: (1)…

This chapter includes all cases involving student-athletes, coaches, athletic directors, athletic associations, booster organizations, sports programs and events, and sports facilities and equipment at both the K-12 and higher education levels. However, no case law is discussed that pertains to physical education instruction or intramural…