Discusses the legal concept of liabiltiy and the potential risks facing the practicing counselor. Outlines the standard of care that psychiatrists must meet to protect themselves against negligence charges. Discusses actions resulting in false imprisonment, battery, infliction of mental distress, defamation, and "duty to warn." (RC)

Matters of legal liability that are of concern to institutions of higher education are discussed in some detail in language for the layman. Among the subjects discussed are: the development of charitable corporations, and immunity prerogatives; the traditional bases of legal liability; liability for the new torts, including violation of…

A well-designed database, carefully defined procedures, and consultation with legal counsel can greatly reduce the prospect of costly litigation associated with retrenchment. Tenure contracts, case law on financial exigency, due process, and liability are discussed. (Author/LB)

Recent legal developments concerning college students and colleges and universities are summarized, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. The status of…

Explored are the various kinds and degrees of interdependence between private colleges and state governments. An overview examines the meaning of "private," and the legal relationships are analyzed: Supreme Court Decisions, the state action doctrine, sifting facts and weighing circumstances, and case law trends toward state action.…

Recent legal developments concerning college students and their institutions are reviewed, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. In addition to considering the…

The major legal issues pertaining to academic employment are examined. Four areas affecting higher education are analyzed in depth: employment practices, equal pay, developing issues under Title IX of the Education Amendments of 1972; and financial exigency. In addition, guidelines for evaluating current institutional academic employment practices…

This chapter reports 1982 cases involving aspects of higher education. Interesting cases noted dealt with the federal government's authority to regulate state employees' retirement and raised the questions of whether Title IX covers employment, whether financial aid makes a college a program under Title IX, and whether sex segregated mortality…

This volume examines legal concepts and issues as they apply to colleges and universities, including the key cases, state and federal statutes, and administrative rules and regulations. Chapter 1 describes the legal parameters of the nation's court system and the historical heritage of both public and private institutions of higher education.…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

This eighth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 330 state and federal court cases litigated in 1985 in which institutions of higher education were involved. Among the topics examined were relationships between postsecondary institutions and various governmental agencies; discrimination in the employment of…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…