A case in which California's constitutional right to privacy is used to protect confidential peer review files is analyzed, and the case's significance and possible ramifications for discovery requests of peer review files are discussed. (MSE)

Although administrators cannot engage in censorship, there are many ways in which they can encourage a responsible student press. The legal rights of the state university student press and the connstitutional bases of those rights as seen by the courts are described. (MLW)

Citing the increasing litigation against school districts and officials, the author examines tort liability, damages, attorneys' fees, and liability insurance provisions under the Civil Rights Act of 1871. Additional attention is given to school officials' civil liability, "save harmless" provisions, proving liability, purchasing,…

In the principal case the court admits that evidence of a disproportionate impact is relevant to a showing of racially discriminatory intent. Implications of this finding are discussed. (LBH)

This note reviews the Age Discrimination in Employment Act (ADEA), emphasizing prohibited employment practices, litigation procedures, and remedial measures for violations of the act. Problems typically faced in ADEA litigation are also explored with focus on the employee's burden of proof. (LBH)

The existence and exercise of a teacher's authority to use corporal punishment in disciplining students has been challenged in both Louisiana and federal courts. Recent developments and posit solutions where the law is unsettled are reviewed. Available from: the Louisiana State University Law School, Baton Rouge, Louisiana. (LBH)

Analyzes the results of recent court cases concerning the constitutionality of mandatory student fees and discusses their implications for student affairs practice. To date, courts have ruled mandatory student activity fees permissible when they do not unduly infringe on students' constitutional rights. Offers eight principles for designing…

Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…

Information is provided about the legal developments affecting the educational rights of homeless students that were made by the McKinney Homeless Assistance Amendments Act of 1990 (P.L. 101-645). Presented in three parts, Part 1 gives an overview of some of the problems that keep homeless children from attending school or hindering their…

Because affirmative-action programs require governmental entities to act in a race-conscious and/or gender-conscious manner, public employers' affirmative-action programs may be challenged under both Title VII and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. This document describes the standards of review by which…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

The speaker examines the issue of the legal liability of individual school board members as it has arisen as a result of such court cases as Wood v. Strickland and Goss v. Lopez. The discussion includes questions of infringement on students' and teachers' rights and cases of school officials acting as individuals rather than in an official…

In this statement by William Bradford Reynolds, Assistant Attorney General under the Reagan Administration, the problem of prison overcrowding is discussed in relation to the definition of "cruel and unusual punishment." The Supreme Court's decision in the Chapman versus Rhodes case is presented as an example in which overcrowding as…

In Runyon v. McCrary the Supreme Court held that federal law prohibits private schools from discriminating in student admissions on the basis of race. This case is discussed along with precedents that have brought the Court to its current interpretation of the "state action" doctrine as a "public sphere" doctrine. (LBH)

A historical analysis of the laws surrounding college-fraternity relationships, governed by the first amendment to the Constitution, and the likely state of those laws following the 1984 Supreme Court decision in Roberts v. United States Jaycees, is presented. (MSE)