Demonstrates that the ruling in "Board of Trustees of the University of Alabama v. Garrett, " a case involving an Americans with Disabilities Title I suit, made it more problematic than ever that Congress will be able to deploy Section 5 of the Fourteenth Amendment to abrogate state judicial immunity. Evaluates surviving options for…

Reviews issues and administrative regulations pertaining to affirmative action under Executive Orders 11246 and 11375, extension of Title VII of the Civil Rights Act of 1964 to academic and professional employment, and the Higher Education Ammendments of 1972 extending provisions of the Equal Pay Act of 1963. (JT)

The issue of whether the Civil Rights Act of 1991 applies to both discrimination cases pending on appeal and conduct occurring before its date of enactment is discussed, particularly as it affects higher education institutions. The case against retroactive application of the legislation is examined through legislative history and appellate…

This legal analysis of the issue of race-exclusive scholarships at colleges and universities and institutions receiving federal funds concludes that such scholarships are permissible under the Constitution or Title VI but only under limited circumstances (such as to remedy effects of prior identifiable institutional discrimination). (MSE)

The language of Title IX, its legislative history, and the authoritative court precedents, it is argued, regulate only programs or activities that receive federal financial assistance and does not regulate all programs and activities at institutions receiving federal financial assistance. (MLW)

Court litigation on sex discrimination in public agency hiring may significantly alter the balance between plaintiff and defendant in Title VII action, but its narrow view of the tone of the law may be affected more than procedure. (MSE)

Surveys courts cases in 2000 that addressed discrimination against students, including gender discrimination under Title IX and racial discrimination under Title VI. The cases return to familiar themes, exploring when, if ever, an educational institution may consider gender or race in making decisions that affect the educational opportunities…

The question of whether Title IX is limited in scope to particular programs directly receiving federal financial aid or covers whole institutions or school systems that benefit from federal money provided to one of their programs is discussed. Recent University of Richmond litigation is analyzed. (MLW)

Perspectives on Title IX of the 1972 Education Amendments concerning gender equity in college sports, include those of a National Collegiate Athletic Association (NCAA) administrator and a women's law attorney. The first looks at the law's provisions, NCAA's role, and related challenges facing institutions. The second focuses on continuing gender…

Differences between the Rehabilitation Act (1973) and the Americans with Disabilities Act (1990) (ADA) with respect to "reasonable accommodations" in academic settings are examined. Development of the meaning of reasonable accommodation in case law is chronicled, and ways in which the ADA may expand the meaning are explored. College and…

A former Secretary of Health, Education, and Welfare reviews the social influences that helped shape the federal relationships with higher education in the 1970s, including student aid programs, the developing institutions program, and enforcing antidiscrimination legislation. The search for flexible but useful measures to effect social change…

Increases in the past 20 years in federal financing and federal controls are reviewed. It is suggested that the present troubles in higher education are traceable to the fact that other goals have slipped ahead of educational goals in the priorities of management. Social justice and equal opportunity have replaced learning as goals. (LBH)

Gives an overview of the obligations of postsecondary institutions toward students with disabilities under Titles II and III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Asserts that, although these statutes assist students with disabilities in becoming integral members of society, the attitudinal barriers they…

A 1995 federal district court decision in Cohen versus Brown University, in which the university's entire intercollegiate sports program was found to violate Title IX of the 1972 Education Amendments prohibiting gender discrimination in programs receiving federal funds, is analyzed. Recent historical context, district court justifications, and…

The Office of Civil Rights' proposed ruling of minority-specific college scholarships as violating federal civil rights law, except when implemented as a result of court-ordered plans, is discussed and criticized. Legislative language, case law concerning minority-specific plans, and the history of postsecondary desegregation are examined.…