Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…

Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

The Supreme Court has ruled that statistical evidence about the effects of an employer's policies can be used to prove discrimination in situations where a variety of imprecise criteria are used. The decision is applicable to faculty salary and tenure disputes. (MSE)

In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (IRT)

Argues that increased federal regulation in the name of accountability will diminish the quality and innovative capacity of higher education. Examines pending litigation that would automatically subject a college to federal regulation if its students accept federal aid and thus become "conduits" of federal assistance to the institution.…

Public institutions of higher education often violate the rights to freedom of association, equal protection of the law, and due process to which fraternities are entitled. Examines the following issues: (1) institutional recognition; (2) institutional control; (3) withdrawal of recognition; (4) legal standards of Interfraternity and Panhellenic…

Analyzes two court decisions that defined the responsibilities and rights of student journalists. Both cases held that the newspapers involved were not "public forums." Suggests that the Supreme Court may once again have to address questions that were left unresolved by the majority opinion in "Kuhlmeier." (MLF)

A federal appeals court has upheld a ruling denying an attempt to force the American Physical Society to disclose the name of reviewer for its scholarly journal, in order to maintain the integrity of the review process. It was the first such case considered by a federal court. (MSE)

The "Bishop v. Aronov" case concerned an administrator's right to prohibit a professor's religious speech during class at a public university. According to the Eleventh Circuit, the university classroom is not considered a public forum; professors as public employees may be subject to restrictions placed on their curriculum. (87…

Reviews "Waters," a Supreme Court ruling involving the dismissal of a nurse for allegedly making critical remarks about institutional policy, against the backdrop of other higher education-related free speech cases. Speculates on "Waters'" influence on the free speech rights of college and university educators. (110 footnotes)…

Examines "Wisconsin v. Mitchell," a Supreme Court ruling that the First Amendment was not violated by the application at sentencing of a penalty-enhancement provision in a hate crime statute. Discusses related cases and the Hate Crime Statistics Act of 1990, and concludes with a review of the implications of "Wisconsin" on…

Explains "forum analysis" and analyzes its application in a sample of free speech cases and assesses its application in a limited range of relevant cases. Contains a selective listing of 38 public-forum cases relevant to schools or colleges. Concludes that education needs a new, more speech protective restatement of the public-forum…

The basic legislative, administrative, and judicial histories of Title IX are examined through the three cases that addressed the issue of creating compensatory damages. Presents an analysis and recommendations concerning compensatory damages under Title IX. (104 references) (MLF)

An analysis is made of the voting record of Justice Sandra Day O'Connor on cases related to education and the impact of these votes. The decisions of the Supreme Court during the 1981-82 term were classified under one of seven different headings: (1) religion and the schools; (2) freedom of expression; (3) due process of law; (4) racial…

Judicial standards of procedure and substance are presented to encourage consistency in the United States District Court for the Western District of Missouri, in cases of student discipline in tax supported institutions of higher learning. The relationship between education and the courts is discussed, concluding that only where erroneous and…