Explains constitutional and statutory underpinnings of the Supreme Court's shift from broadly deferring to executive regulation to imposing a more critical inquiry. Discusses why some executive regulations are merely advisory and not "rules of law" that require either judicial deference or university compliance. Analyzes key Supreme…

Important considerations for institutions wanting to establish supplementary early retirement benefits to encourage the practice are outlined. Regulations concerning pension plans, tax-sheltered annuities, and deferred compensation are reviewed. Individually negotiated early retirement supplements are not recommended. (MSE)

The National Association of Attorneys' Model Solicitation Act, which covers college and university fund-raising and has been used for state legislation, is discussed. Its origins and basic concepts, impact on institutions, and reasons for eliminating college and university exemption are examined. (MSE)

The Internal Revenue Service has begun to question more seriously the accounting methods used by universities to determine unrelated business income tax (UBIT). Current and future impact of the UBIT are discussed, and a method of calculating the tax is detailed. (Author/MSE)

An analysis of first amendment guarantees focuses on the federal government's power to regulate experiments, arguing that they do not merit the stringent level of first amendment protection offered by strict scrutiny or related standards. (Author/MSE)

Effective July 1, 1983, student aid administered by the federal government will be withheld from any student who cannot prove that he has registered for the draft. A nonregistrant cannot argue that he has a constitutional right to higher education; however, he does seem deserving of some protection. (MLW)

Recent federal revenue rulings conclude that sale of broadcast rights to national radio and television or an independent producer by a tax-exempt organization does not constitute an unrelated trade or business. The rulings and their potential effects on colleges and universities are examined. (MSE)

A discussion of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 concerning responsibility for toxic waste disposal looks at college and university liability under the act, institutional defenses that could be raised under the act, and the settlement process. (MSE)

Colleges and universities are generally subject to new penalty excise taxes under the Internal Revenue Service (IRS) code on charitable and educational organizations. The law and proposed regulations are explained, with specific attention to how the rules apply to colleges and universities and how these institutions can best protect themselves…

Discusses college and university obligations to collect, maintain, and provide information about foreign students to the government. Explores federal immigration rules relating to foreign students and examines the interaction between the Immigration and Naturalization Service's (INS) regulations and the Family Educational Rights and Privacy Act of…

One aspect of universities becoming "big business" is the marketing and protection of trademarks. Universities have resorted to trademark infringement suits or licensing agreements. The historical purposes of trademark registration, the problems with litigating trademark infringement, and the advantages and disadvantages of licensing…

Laws governing university ownership of paleontological specimens and resources, and attempts by the federal government to claim ownership, are discussed. A 1993 court case and its implications for universities are reviewed; and current statutes, regulations, and proposed legislation are examined. Guidelines for university paleontologists in…

The Educational, Scientific, and Cultural Materials Importation Act of 1966 mandates duty free entry of equipment into the United States under certain conditions. The decision in the University of North Carolina v. United States Department of Commerce endorses the independence of American scientific research from one form of government control.…

State legislation giving employees a "right to know" about hazardous substances in the workplace could affect the conduct of laboratory teaching and research at colleges and universities. State laws on employees'"right to know" and how they may affect university teaching and research are discussed. (MLW)

The Uniform Patent Legislation directly and significantly affects the technology transfer relationship between the federal government and academe. With appropriate regulations and a centralized review process, the act should be a valuable tool to American industry, and particularly to universities, nonprofit organizations, and small businesses.…