To forestall sexual harassment law suits, higher education institutions should (1) adopt a position on faculty/student amorous relationships; (2) state clearly how complaints are handled and by whom; (3) actively educate faculty, staff, and students concerning sexual harassment; and (4) follow up any complaints and keep records of the responses.…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)

Discusses "National Labor Relations Board v. Yeshiva University," which ruled that college faculty were managers and thereby excluded from collective bargaining, focusing on why the Supreme Court classified professors as managers, whether the Court did something unusual in this case, or whether faculty is simply the unlucky vanguard of a…

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the…

This study of midwestern cable television systems was designed to accomplish three purposes: (1) compare recommended administration and franchise provisions with actual administration and franchise provisions to see how these policies relate to the future development of educational channels; (2) determine how educators and cable managers work…

A court case comment traces establishment clause educational debates in cases leading to a Supreme Court decision in which it was found that a blind student otherwise eligible for financial aid could not be denied the aid just because the funds were to be used for religious education. (MSE)

A historical analysis of the laws surrounding college-fraternity relationships, governed by the first amendment to the Constitution, and the likely state of those laws following the 1984 Supreme Court decision in Roberts v. United States Jaycees, is presented. (MSE)

The Supreme Court has ruled that Section 504 of the Rehabilitation Act of 1973, which protects disabled people from discrimination, covers persons with contagious diseases. This decision is seen as strengthening the rights of people suffering from AIDS as well as other diseases. (MSE)

The nature of legal argument, including judicial decisions, puts severe limits on the educational advances that can be expected by Black Americans through litigation. The Brown decision, for example, has been a mixed blessing, and the Bakke case shows that the Court is unwilling to support a class-based remedy for discrimination. (KH)

The Supreme Court recently decided that Title IX covers employment practices in schools and colleges; however, portions of the Court's decision (whether Title IX provides "institutionwide" or "program-specific" coverage) raise serious questions about the future of Title IX as a force for sex equity in education. (Author/MLF)

It is suggested that the Bakke case settles so little it is virtually useless as a precedent. Its single holding is that it put Bakke in medical school; without any consistent majority rationale there is no law of the case. Available from Univ. of Oregon, School of Law, Eugene, OR 97403. (MSE)

Reviews major issues arising in federal courts as a result of administrative and individual attempts to enforce the congressional mandate against sex discrimination. Evaluates the extent to which judicial decisions promote or impede progress. Available from School of Law, Washburn University of Topeka, Topeka, KS 66621. (Author/IRT)

The lower court findings and 1995 Supreme Court decision in Podberesky versus Kerwin, concerning the legality of race-exclusive scholarships, is reviewed and its implications on race-based financial aid awards are examined. Issues discussed include current Department of Education guidelines in this context, meeting institutional mandates to…

A three-judge panel of the U. S. Court of Appeals for the District of Columbia ruled unanimously that civil rights groups could not sue the federal government to force it to take steps against states or colleges that may be breaking the law. (MLW)