Two significant Chicago court cases are reviewed. The first shields nonunion employees from use of their agency fees for any union activities not related to collective bargaining; the second requires fairness to opposing groups when any outside interest group is allowed access to schools. (TE)

The English and American defamation principles are compared, including the various privileges to defame and defenses to liability. The author, a professor of law in torts, suggests that the law of defamation can be simplified without upsetting the proper balance between protecting personal reputations and encouraging the free interchange of ideas.…

First Amendment responsibilities of public colleges and universities to provide access to university facilities for First Amendment activity are analyzed within the public forum doctrine. State action doctrine and implications for private institutions are considered, public forum law in the university setting is discussed, and recent litigation is…

DeFunis v. Odegaard involved an unsuccessful challenge by a white law school applicant to a program for the "preferential" admission of members of certain minority groups. This article suggests that such programs are not only constitutionally permissible but mandated when there has been a failure to promote racial integration. (LBH)

The likely consequences of applying traditional due process standards, expecially formal adversary hearings, to the public school are examined. The ruling in Goss v. Lopez suggests that fair treatment can still be expected if the hearings are treated as opportunities for candid and informal exchange rather than prepunishment ceremonies. (LBH)

Addresses theories of constitutional tort liability of school districts and supervisors under the federal Civil Rights Act of 1871, based upon sexual misconduct of supervised teachers with students, on the ground that such abuse amounts to a deprivation of the student's constitutional right to bodily security. (MLF)

With a recent court decision, defamation joins plagiarism, copyright infringement, and scientific fraud as grounds for litigation against academic reporters, universities, and other research institutions. Research institutions should maintain high research standards and learn about defamation law, and may need to adopt policies to ensure accurate…

A 1998 court decision ruled that a recent Virginia law requiring official approval for state employees to put materials with "sexually explicit content" on the Internet was unconstitutional. However, the extent to which the First Amendment will protect academic freedom in cyberspace in this case and for other issues is not clear. (MSE)

The relationship of the University of Hawaii and its governing board to the state government, specifically the legislature and its major executive departments, was assessed with attention to institutional autonomy and the protection of academic freedom. Major findings of the review include the following: a 1978 constitutional amendment appears to…

The first chapter of this monograph on sport law presents tort issues, primarily negligence. A discussion of some fundamental negligence concepts is followed by three sections devoted to the prime risk areas in school and collegiate settings. A review of the principles of risk management is included. The second chapter focuses on contractual…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

This book is divided into three major sections: principles and development of freedom of expression, rights in conflict with free expression, and communications law and the public interest. Specific areas covered in the two chapters of the first section are freedom and control and a historical background of freedom of expression. The second…

A 1976 court opinion that federal court is not an appropriate forum for reviewing public agency employment is undermined in a 1983 ruling that a teacher employment contract creates a property right sufficient to raise a claim. This conflicts with established doctrine and creats new uncertainty in public employment contract disputes. (Author/MSE)