Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

Section 1983 opened the federal courts to private citizens by creating a cause of action for invasion of rights protected by federal law. Liability can only be established through proof that injury was occasioned by the implementation of municipal "policy or custom." Examines the evolution of this court doctrine. (MLF)

The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented.…

This paper evaluates the Shannon versus Bepko case in which a university employee filed suit in federal court against four individuals in their official capacities as employees of Indiana University-Purdue. Defendants claimed the eleventh amendment barred actions against them in their official capacities. (DB)

Newly hired teachers regularly have questions about whether their lifestyles and actions outside of school could have repercussions on their career. Because they are expected to be role models for their students and thus held to a higher level of discretion than the general citizenry, educators have had restrictions placed on their living…

Legal issues in public use of educational facilities and property are examined in this paper, which focuses on the balance between government authority and individual rights of association and expression protected by the First and Fourteenth Amendments. The Supreme Court's use of forum analysis to determine whether the government's interest in…

The application of Title IX and the HEW regulation to intercollegiate sports is described, and the relationships among Title IX, the equal protection doctrine, and the proposed equal rights amendment to the Constitution are assessed. (LBH)

The issue of immunity from personal liability was examined in this Supreme Court case. Two students expelled for possession of alcoholic beverages argued that the meeting at which the board members voted for expulsion was not conducted under the procedural safeguards mandated by the Constitution. Available from: Loyola of Los Angeles School of…

The constitutionality of the Equal Pay Act is examined as an exercise of Congress' power under the enforcement clause of the fourteenth amendment and it is concluded that application of the Act to public employees in both traditional and nontraditional governmental functions is a constitutional exercise of that congressional power. (LBH)

A guide is presented for faculty members and administrators about circumstances in which faculty may speak freely on issues and what procedural safeguards are applicable when disciplinary actions are contemplated. Issues of contracts, interests conflicting with the state's, tests for violation of First Amendment rights, defenses, and remedies are…

The method and means by which statistics can raise a prima facie case of Title VII violation are analyzed. A standard is identified that can be applied to determine whether a statistical disparity is sufficient to shift the burden to the employer to rebut a prima facie case of discrimination. (LBH)

Investigates the history of the FBI's attempts to secure authorization to track dissident political activities through the power of executive directives. (RK)

Court interpretations of such issues as expectancy of reemployment, freedom of speech, and immunity from suit are at great variance with those voiced within the academic community. An understanding of this difference will help faculty and administrators avoid decisions that result in expensive and needless litigation. (Author/LBH)

The U. S. Supreme Court in Roe v. Wade found that the right of privacy guarantees a woman the prerogative of having an abortion free of interference by the state; but in Doe v. Bolton it allowed a hospital to refuse to admit a patient for an abortion. This conflict is discussed with reference to the Church Amendment. (LBH)

In Goss v. Lopez the Supreme Court held that public school students are constitutionally entitled to some form of due process protection before being totally excluded from the educational process "for more than a trivial period." Implications for administrators and the decision-making process are discussed. For journal availability see…