A federal appeals court agreed that Texas Southern University, a historically black institution, had discriminated against three white law professors by reducing their pay raises for criticizing an administrator. Black faculty received higher pay raises. However, the court rejected the professors' claim that their free speech had been infringed…

The Supreme Court will not hear the Brown University (Rhode Island) appeal in "Brown vs. Cohen," letting stand rulings that the university had violated Title IX of the 1972 Education Amendments by cutting financial support for women's volleyball and gymnastics teams. Advocates for women's athletics see the court's refusal to intervene as…

The Supreme Court let stand a California court's ruling sharply limiting the right of administrators at public colleges to interfere with faculty members' curriculum decisions. The ruling came from a 1986 decision by the San Diego Community College District to bar the staging of a controversial play. (MSE)

Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)

Offers a preliminary assessment of the effects of the "Penn" decision, focusing on the impact of the case in discrimination claims by unsuccessful candidates for tenure and the defense of academic freedom. Urges the Equal Employment Opportunity Commission (EEOC) to make some preliminary judgments before issuing subpoenas for confidential…

A computer-based method of obtaining statistical data on federal court cases is explained and illustrated with an inquiry about the length of judge-tried versus jury-tried cases. Results of the search, interpretation, and the text of the computerized search/inquiry form are included. Results show how the Internet is simplifying empirical research…

The Supreme Court has ruled in several cases that schools must formulate rules and regulations that do not infringe on a student's right to free and unrestricted expression as guaranteed to them under the First Amendment. In two separate cases, the Court decided that students may wear buttons or armbands that express a particular position on an…

Judicial responses on disclosure of faculty peer evaluation records in employment discrimination litigation are reviewed, and the competing interests of faculty, plaintiffs, and universities are examined. It is argued that existing mechanisms to protect confidential peer review materials are flawed by not accurately measuring the plaintiff's need…

A federal appeals court has upheld an amendment to California's constitution that bars government agencies from granting preferences based on gender or race. The California Civil Rights Initiative, or Proposition 209, was found not to violate the Equal Protection Clause. If the ruling is not reversed, public colleges and universities will be…

An Oregon court case in which American Indians disputed a state law against use of peyote for ritual practices is reviewed, and its implications for free exercise of religion on college campuses are examined. In this context, the impact of the Religious Freedom Restoration Act of 1993 is also considered. (MSE)

The Supreme Court ordered a lower court to reexamine the free-speech case of a controversial City University of New York black studies professor, demoted from department chairman for making racially biased statements seen as disruptive. The rights of public universities to make such decisions was a central issue. (MSE)

The Pope called upon Roman Catholic institutions of higher learning to "make known their Catholic identity" by integrating Catholic teaching and discipline in all university activities. Religious institutions find themselves facing precarious legal challenges, where the constitutionality of government appropriations could be challenged,…

Examines a 1994 college desegregation case involving possible merger of Mississippi University for Women, a historically white institution, and Mississippi Valley State University, a historically black institution. Following the wishes of trustees, and supported by alumni, the president of the former institution engaged in an unorthodox litigation…

Findings are reported resulting from a 3-year study of the impacts of academic employment-discrimination litigation on the parties and their institutions. Two nationwide surveys were conducted, one of plaintiffs and one of university counsel. Six major lawsuits against colleges and universities were investigated by interviewing the plaintiffs and…

This module (part of a series of 24 modules) is on judicial and legislative influences relevant to mainstreaming. The genesis of these materials is in the 10 "clusters of capabilities," outlined in the paper, "A Common Body of Practice for Teachers: The Challenge of Public Law 94-142 to Teacher Education." These clusters form…