Since they were enacted in 1998, the "anti-circumvention" provisions of the Digital Millennium Copyright Act ("DMCA"), codified in section 1201 of the Copyright Act, have not been used as Congress envisioned. Congress meant to stop copyright infringers from defeating anti-piracy protections added to copyrighted works and to ban…

In a case involving four high school seniors' suspension following a class-trip drinking incident, a federal court upheld the school district's action and imposed sanctions on the plaintiffs' attorney for trivializing equal-rights and due-process protections. Today's courts have little tolerance for student misconduct involving drugs or alcohol.…

As a penalty for violations, the NCAA cancelled SMU's football program for 1987 and limited the 1988 season. An alumnus filed a class action alleging antitrust violations of price-fixing and group boycott. Issues of antitrust standing, violation and state action, and the court's handling of these issues are discussed. (Author/MLW)

Reviews a case in Alberta (Canada) in which the teachers' association sought to discipline employees who accepted term appointments as administrators. The association was overruled by an appeal board which held that a professional association must act in the interest of the public as well as the profession. (Author/WD)

This document contains recommendations made by the Wisconsin Juvenile Justice Study Committee. Created by the Governor and the Wisconsin State Legislature to study the effectiveness of the Children's Code and related issues, the committee recommended changes that would significantly alter the way Wisconsin treats young lawbreakers. To the primary…

Analyzes New Jersey case involving the jailing of striking teachers who refused to comply with a judge's return-to-work order. (PKP)

The Supreme Court's majority and minority opinions in National Collegiate Athletic Association, Petitioner v. Jerry Tarkanian, are presented. (MLW)

Reviews the "Seyfried v. Walton" court decision involving the cancellation of a school play by the superintendent. Compares decision with decisions in other First Amendment cases involving school censorship. Points out that a complex constitutional issue has left a dangerous theory that could be adapted to other issues with this…

This report examines the effectiveness of recent federal government efforts through amendments to the Higher Education Act (1993) to reduce student loan defaults. Key measures to curb defaults had been to make schools with high student loan default rates ineligible for federal student loan programs. However, many institutions have challenged…

This paper discusses the suspension and expulsion of unruly handicapped students by examining previous court litigation, identifying the legal issues involved, and reviewing Texas State Board of Education policy. Although sensitive and knowledgeable of the special learning and emotional needs of handicapped students, the conclusion favors recent…

A revision of the model statement first issued by the Association of College and Research Libraries in 1973, this statement proposes criteria and procedures for appointment, promotion, and tenure for use in academic libraries. (CLB)

Views illegal behavior in education, from sexual discrimination to professional malpractice, as a problem in optimal resource allocation. Urges effective use of fines or their equivalent, so administrators can weigh the benefits of illegal activity against the costs of apprehension and punishment. (Author/RW)

A proposed "Code of Student Conduct" designed to replace current disciplinary regulations at the University of Maryland is discussed. It is suggested that college attorneys be participants at an early stage in the development of student disciplinary regulations, and they need to emphasize the leeway given to colleges by the courts. (MLW)

Examines the growing practice of colleges and universities incorporating non-academic misconduct within the scope of student conduct codes. Discusses relevant cases, standards applied by courts when students challenged sanctions, and "in loco parentis" justification for sanctions. Concludes that such policies must be clearly tied to the…

Hispanics--affected more than any other ethnic group by immigration laws--have a profound interest in the implementation of the Immigration Reform and Control Act of 1986. The National Council of La Raza holds the following views: (1) the proposed regulations implementing the Act are unacceptable; (2) the capacity and resources necessary for…