The Software Subcommittee of the National Commission on New Technological Uses of Copyrighted Works (CONTU) has proposed some changes in the new copyright law to provide specific protection for computer programs. The rationale for this recommendation includes (1) the necessity for some form of protection to encourage the creation and broad…

This article explores some legal aspects of public and private education, as well as several Amendments to the Constitution and their relationships to higher education: the First, Fourth, Fifth, Sixth, and Fourteenth Amendments. (Author)

The response of courts to terminations resulting from a financial crisis threatening a school is analyzed. That response depends, in part, on whether the teacher is asserting the infringement of a constitutional right, such as freedom of expression, or the deprivation without due process of the law of a property interest, such as a statutory or…

The author suggests that a major failure of most law schools and traditional undergraduate constitutional law courses is that they omit an adequate analysis of the political nature of the judicial process. Political influences on a variety of court cases are discussed. (LBH)

In the Program in Social Ecology at the University of California, Irvine, a unique civil liberties class has been developed for undergraduates that uses a modified socratic approach. Its goals, subject matter, methodology, and student response are described. (LBH)

Classwide relief in individual Title VII actions has not yet been utilized to the extent authorized by the Civil Rights Act of 1964, but Title VII decisions will continue to evolve and make complete classwide relief available. For journal availability see HE 508 844. (Author/LBH)

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

A Supreme Court ruling found that federal programs or policies based on race must meet a legal test of strict scrutiny, requiring the program to demonstrate a compelling government interest and be narrowly tailored. Legal experts suggest that few federal affirmative action programs currently meet the standard. (MSE)

A review of court litigation and federal regulatory action explores the prevalence of discrimination in higher education, and it is suggested that race-exclusive scholarships can be used and defended as a means of eliminating vestiges of discrimination that hinder the access of minorities to postsecondary educational opportunities. (Author/MSE)

Discussion of trends concerning academic freedom compares the limits to academic freedom traditionally rooted in professional ethics and applied by the academic profession with the areas of protection prescribed by courts. It is concluded that even when generous, rulings have not necessarily been in the best interest of the academy. (MSE)

Reviews single-sex schools' history and legal status. Explores constitutional dimensions of gender-based discrimination delineated in five leading cases (in Philadelphia, New York City, Detroit, Mississippi, and Virginia). Due to claims of Equal Protection Clause and/or Title IX violations, such schools are unlikely to proliferate. (20 references)…

An introduction to the role of the paralegal in the free world, the inmate as paralegal, legal service needs, and program planning are included along with guidelines for the training of inmates as paralegals. Paralegal services, legal problems, and legal services are extensively defined. The legal problems of inmates and methods of providing legal…

In response to recent court decisions limiting reporters' rights to confidentiality, this paper considers whether a shield law would increase or decrease the flow of information desired in the investigation of a crime and what constitutes the public's right to know. It argues that since many reporters obtain stories by relying on the…

The current status or viability of the various state action arguments are reviewed, judicial responses to them are discussed in the context of employee discharge cases, and the reformulation of those responses is presented. (LBH)

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)