Two federal circuit court cases clarify the transactional relationship between the teacher and the educational institution: "McConnell v. Howard University" focuses on the institution's responsibility to provide a proper academic atmosphere; "Maples v. Martin" recognizes the rights of public college professors to communicate professional concerns…

The Supreme Court decision in Martin vs. Wilks gives employees dissatisfied with affirmative action hiring plans the right to mount legal challenges to them years after adoption, even if employees did not challenge the plans originally. Some say the plans are vulnerable to new legal challenges, while others say they are not. (MSE)

Discusses a court ruling that Charles E. Curran, a tenured Professor of Theology at the Catholic University of America, had no right to continue to teach theology courses in the face of a definitive judgment by the Roman Catholic Church. (MLF)

The Supreme Court has ruled that certain professionals have immunity from civil rights lawsuits, but has not considered any cases involving social workers. A split view regarding the extent of social workers' immunity in investigating child abuse cases has appeared in two courts of appeals. Discusses immunity, the case in these two circuits, and…

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…

The Eleventh Amendment was ratified in 1795 to afford protection for the states. Reviews the history and evolution of the amendment's interpretation. Highlights decisions in education law concerning whether state governments may repel claims by plaintiffs seeking federal authority over state laws, policies, institutions, and programs. (34…

The author of this speech discusses racial dualism in higher education in the American South. The states of Tennessee, Mississippi, and Louisiana have all had suits brought against them for maintaining separate and unequal institutions for blacks and whites. In all three states, the vast proportion of funds allocated for higher education have been…

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

A review of cases involving higher education property matters shows that many are concerned with building construction, equipment installation, or repair contracts. A number of other cases involve routine conflicts between colleges or universities and other governmental entities over matters such as requests for special exceptions to zoning…

A series of recent decisions, largely in federal courts since 1972, are examined for inferences that may encourage institutions to set forth more clearly the conditions that precede dismissal on academic or misbehavior grounds. Guidelines are suggested for administrative procedure and faculty practices such as grading. (JT)

The United States Court of Appeals for the Second Circuit decided in favor of Columbia University's policy of wage differentials between the heavy and light cleaners employed by the University. (MLF)

A comment on two court cases gives an overview of the eleventh-amendment analysis, used by some federal courts in suits against state colleges and universities, that argues that the institutions are alter-egos of the state and independent to face suit in federal court. (MSE)