Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

It is suggested that the question posed by DeFunis v. Odegaard and like cases is not whether preferential admissions policies are within the competence of a legislature, but whether they are valid when adopted by a university without explicit legislative sanction. Available from: University of Chicago Law School, 1111 E. 60th St., Chicago, Ill.…

Legal guidelines to help public school administrators make informed choices in situations that may require student searches are provided in this paper. The constitutional basis of the issue is first discussed, noting that school officials are not required to obtain a search warrant or to have probable cause. A review of Supreme Court decisions…

Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

The constitutional ramifications of excluding academically qualified persons from public university degree programs because of their inability to meet tuition requirements are explored. Focus is on equality of access for those without the financial capacity to begin a degree program, and the right to continue for those unable to meet rising…

Recent court cases involving termination of faculty due to financial exigency are summarized. Sections include an introduction, definition, a survey of recent cases, recommendations, conclusions and questions, and a bibliography. (Author/LC)

The right to know is considered as an integral part of the system of freedom of expression, embodied in the first amendment and entitled to support by legislation or other affirmative government action. It is examined here in terms of direct government interference, regulation by affirmative action, and making information available from government…

This comment examines Connecticut case law concerning teacher tenure according to its primary bases of authority: the United States Constitution, Connecticut statutes, and local board of education policies and agreements. (LBH)

The constitutionality of the Missouri abortion statute was challenged by two physicians and Planned Parenthood of Central Missouri in the Danforth case. The Supreme Court reversed a district court decision in part, ruling that parental and spousal consent requirements are unconstitutional. For journal availability see HE 508 875. (LBH)

Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)

During 1978, cases pertaining to pupil injuries (mainly involving athletics) and employee injuries under workmen's compensation laws continued to dominate tort litigation in the educational sphere. Several noteworthy cases, however, were rendered in the emerging areas of educational malpractice and constitutional torts. The cases discussed are…

This publication discusses the legal responsibilities of school principals and school board members in regard to student publications, with particular attention to the recent federal district court decision in Gambino v. Fairfax County School Board. In the Gambino case, the court ruled that the school board could not prohibit a school newspaper…

Court cases are cited to indicate that twentieth century federal legislation does not prohibit private discrimination based on sex as rigorously as it does that based on race. Enforcement measures afforded by the thirteenth and fourteenth amendments are noted. For journal availability see HE 509 251. (LBH)

Immunity to prosecution afforded to units and agencies of state government under the eleventh amendment is discussed as it applies to public colleges and universities called as defendants in federal court actions. (MSE)

Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)