A comprehensive summary and analysis of all state and federal court cases involving higher education reported during the year of 1980 is provided in this fifth annual volume. The document constitutes an annual reference to higher education law for those interested in both public and private institutions of higher education. Each chapter has been…

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and…

This article explored the issues surrounding the universities' commitments under Executive Orders 11246 and 11375 and the current controversy which revolves around the question of goals vs. quotas. Available statistics show that the position of women and minorities in academia has not improved significantly. (Author)

Recent federal court rulings concerning the burden-of-proof standards for complex employment discrimination cases involving the use of statistics have brightened the prospects for faculty plaintiffs in sex discrimination cases. The cases deal with salary differentials and race, promotions, and seniority. (MSE)

Six of the 22 Supreme Court decisions in the 1981-82 term concerning or affecting higher education are discussed. The cases concerned sex discrimination, tuition-free public schooling for undocumented children, residency status, dormitory drug search, student religious groups using school facilities, and the scope of Title IX. (MSE)

It is believed that the courts have intruded on the prerogatives of academics to use peer evaluations in personnel decisions. An analysis of academic discrimination cases in the federal courts demonstrates that judicial review is deferential to peer judgments and appears to have little impact on colleges' faculty personnel policies. (Author/MLW)

Analysis of 110 federal and state adjudication cases from 1950-89 revealed a substantial rise in disputes over financing medical education. Medical school graduates had little success in these cases. A need for counseling, particularly concerning consequences of timing in service obligations and of some loan programs, is seen. (Author/MSE)

An analysis of a court decision, Podberesky v Kirwin, finding a University of Maryland scholarship targeting black students to be racially discriminatory reviews both what the Supreme Court has said about use of racial classifications and how it has not said what constitutes permissible affirmative action. (MSE)

Describes the historical purpose of black colleges and discusses whether the continued existence of publicly supported black colleges is justifiable after nearly 40 years of jurisprudence specifically oriented to the elimination of 1-race educational institutions. (127 footnotes) (MLF)

Discusses the issue of gender equity in the schools from the perspective of a national values/community values distinction. An overview of the major U.S. Supreme Court decisions on sex discrimination issues is presented followed by a detailed analysis of the implementation of legal mandates regarding sex equity in program access, athletics, and…

The recent Supreme Court refusal to hear a case appeal may prevent some church-related colleges from hiring only faculty sharing their beliefs. The earlier decision, involving hiring in a private elementary/secondary school, held that the institution was primarily secular, not religious by nature. (MSE)

Contends that the Supreme Court decision in "Penn" that ruled the university must disclose confidential tenure files to the Equal Employment Opportunity Commission (EEOC) strengthens, rather than threatens, academic freedom and valid academic decision making. Analyzes a number of issues related to academic freedom and discrimination…

This review of the Supreme Court's 1994-95 Term is divided into eight sections: (1) student rights; (2) desegregation and school finance; (3) affirmative action and race-conscious decision making; (4) employment and labor; (5) elections and voting rights; (6) First Amendment--religion and public schools; (7) special education; and (8) cases to be…

The Southern Education Foundation's Higher Education Program (HEP), its history, activities, and directions are described. The program was established within the foundation in 1974 to address the critical issues raised by the Adams vs. Richardson case, which mandated the dismantling of dual (racially discriminatory) systems of public higher…

Bakke's equal protection holding is analyzed and an assessment is offered of what the decisions mean for academic special admissions programs. Discussion focuses on how race may be used as a factor in admissions decisions consistently with the equal protection clause of the Federal Constitution. (Author/MSE)