Describes in detail the design and implementation of a collaborative learning project in a Constitutional law class, then uses education and social science research to explore how best to create and implement a collaborative learning project. Relates the research to the experience of the class project. (EV)

Perspectives on the relationship of the legal profession to the changing nature of American society are discussed by Attorney General Smith. He proposes the idea that the courts, without constitutional warrant, have struck down actions by legislative bodies and brought about new rights (i.e., government by judicial decree). He suggests that…

The American tradition of sovereign immunity and the Eleventh Amendment of the United States Constitution have provided certain legal protection to government personnel, including leaders of public elementary, secondary, and post-secondary institutions, but the concept of governmental immunity may be difficult to understand as it applies to…

The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

Argues that the existing rules governing a physician's liability for treating a child without parental consent merit reconsideration because the minor possesses a fundamental constitutional right, stemming from the right of privacy, to consent to medical care. Proposes guidelines for the development of a legislative program implementing these…

Today's privacy/disclosure issues have been defined by a series of court decisions that illustrate adaptation to social change. Development of surveillance technology, increased use of individual testing, and interconnected computers have allowed abuses of individual privacy rights to which the law has recently responded. (Editor/LBH)

Considers the main thrust of recent increases in judicial and administrative review of the internal policies of colleges and universities, pointing out exceptions presently applicable to private institutions. Conclusion: Private colleges would be well advised to comply voluntarily with laws which admittedly apply only to public institutions. (JT)

A U.S. Court of Appeals has upheld significant portions of an arrangement allowing Rutgers University faculty to pay agency fees in lieu of union dues and still be covered by a collective bargaining contract, despite contention that aspects of the agreement violated their constitutional rights to free speech. (MSE)

Explores the concept of separation of powers in terms of recent conflicts between the executive and legislative branches of the U.S. government. Points out that what the Supreme Court has said about separation of powers in the domestic context may complicate resolution of more serious problems in foreign affairs. (BSR)

Analyzes how Black women fought for and won basic citizenship rights in the United States. Cites examples which show how the struggle of Black women helped to transform the U.S. Constitution. (Author/BSR)

Reviews use of "figurative" language by Supreme Court justices in court decisions relating to First Amendment rights of students and teachers. Outlines how use of metaphor, metonomy, and other tropes has led to expressions in judicial opinions that have been used repeatedly in constitutional defenses. Discusses dangers and strengths of…

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

Used college housing litigation as a data base to determine if a shift took place in campus housing after 1968 from constitutionalism to consumerism. Analyses of the data indicated that consumerism in the form of litigation to remedy unrealized expectations or perceived injustices has significantly increased in college housing. (LLL)

The process by which constitutional and trust law have blended together in the charitable trust field is examined. Focus is on whether a settlor can expect racial and religious restrictions in a charitable trust to be allowed, how to deal with them if they are, and what happens to the trust property if they are not. (LBH)

A conceptual clarification of the constitutionally protected right of fair use, a resultant reformulation of some basic copyright law principles, and a contribution to the survival of the copyright system itself are discussed. (LBH)