All three branches of American government--legislative, executive, and judicial--play a significant role in shaping the enterprise of American public education. This book, an update of the 1980 second edition, describes and analyzes changes in education and the dynamic impact of the law on education's authority. The book can serve as an advanced…

This chapter includes all cases, at either the K-12 or higher education level, that deal with student-athletes, coaches, athletic directors, athletic associations, and booster organizations. However, no case law is discussed that pertains to physical education instruction. The cases are discussed in the following sections: (1) eligibility; (2)…

In some respects, "discrimination'' is at the heart of the college admission process, and in the selection of students for graduate or professional programs, the application of admittance criteria becomes a matter with potential moral and legal ramifications. The practice of setting aside specific places for less-prepared applicants…

The need for college trustees and administrators to develop better procedures and management techniques to minimize potential liability to lawsuits is addressed. A trend for seeking judicial relief on campuses and suits filed against deans, trustees, and presidents, as well as the school, are noted. Trustees need to be informed about new…

Urges returning to the original federalist debates to understand contemporary federalism. Reviews "The Federalist Papers," how federalism has evolved, and the centralization of the national government through acts of Congress and Supreme Court decisions. Recommends teaching about federalism as part of teaching about U.S. government…

The application of constitutional doctrines to controversies involving higher education institutions and legal theories emanating from the Supreme Court are discussed. The historical review covers academic freedom at colleges, or freedom from political interference of of outside intervention: freedom of speech or association in colleges and…

Matters of legal liability that are of concern to institutions of higher education are discussed in some detail in language for the layman. Among the subjects discussed are: the development of charitable corporations, and immunity prerogatives; the traditional bases of legal liability; liability for the new torts, including violation of…

The review of court cases decided in 1990 relating to higher education summarizes litigation concerning institutional powers, First Amendment law, search and seizure on campus, tort liability, institutional contracts, immunities, access to records, funding for institutions and students, employment practices, academic and disciplinary decisions,…

"Chronicle of Higher Education" presents an abundant source of news and information for college and university faculty members and administrators. This September 10, 2004 issue of "Chronicle of Higher Education" includes the following articles: (1) "Why America Should Welcome Tariq Ramadan" (Wolfe, Alan; Zimbardo,…

This monograph reviews the law applying to defamation issues, cites various judicial decisions that affect colleges and universities, and offers guidance for minimizing the risk of defamation liability. It defines the two subclasses of defamatory statements: first, libel, which is a recorded or printed statement, and second, slander, which is…

This selective bibliography of motion pictures on democracy has been prepared by the Office of Education to assist teachers, school administrators, and community leaders in choosing and using visual aids in the teaching of democracy. The motion pictures recommended in this bibliography portray the historical development of democracy and the…

Three primary areas of concern for those who confront sport law matters in public school or collegiate settings are the focus of this monograph. The first chapter presents tort issues, primarily negligence. A brief overview of fundamental negligence concepts is followed by discussions of major risk areas: supervision, conduct of the activity, and…

A brief description of the state of Nebraska introduces a detailed discussion of its system of higher education. The institutions are described: the state university, four state colleges, and technical community colleges in six districts. The history of postsecondary coordination in the state is outlined, with reference to the early lack of a…

The proliferation of laws, regulations, and judicial opinions affecting higher education and the nature of the impact of these laws on the academic community are examined. Designed for use by both students and practitioners, the book employs the "case method" design based on the belief that law cases furnish the best sources for study…

A review of litigation decided in 1987 relating to higher education institutions, faculty and staff, and students reflects the most important developments during the year and illustrates the dynamism and ferment on campuses. (Author/MSE)