Discusses the issue of whether arbitrators possess the authority to take into account law outside the contract when not directed by the parties to do so, or whether arbitrators are confined to construing the contract. Favors the use of external law under certain circumstances. (MLF)

During the 1992-93 school year more than 425,000 foreign students were studying in the United States. In addition, hundreds of foreign nationals were in the United States as visiting research scholars, lecturers, and professors. Offers a guide to help foreign nationals comply with the tax system while affording them the least possible tax…

Argues for a balance of copyright incentives more favorable to education: (1) introduces the dilemma of choice between infringing others' copyrights and observing legal procedure; (2) discusses Congress's accommodation of education under the Copyright Act of 1976; (3) describes a legislative solution; and (4) suggests statutory language for an…

Reviews copyright law and "contributory infringement" as it relates to computer software and possible student and staff violation in colleges and universities. Also discusses possibilities of "breach of contract" and "negligence" in computer software use. Provides a series of recommendations for universities and colleges to protect their…

Examines the question of when an arbitrator can consider external law in the arbitration of public education labor dispute. Cites ruling in "Roadmaster"--that an arbitrator's decision cannot be based solely on the arbitrator's view of the requirements of enacted legislation--as following nearly 30 years of Supreme Court precedent. (MLF)

Because of a 1975 desegregation decree, the Louisville Central High School Magnet Career Academy could not enroll more than 50 percent African-Americans. The court dissolved the decree. Now, a school that has been 300 to 400 students under capacity, due to former racial guidelines, can operate at full capacity without denying opportunities to any…

The outcome of legal battles regarding student dress codes often depends on how the issue is characterized; words used in the code; the geographic area of the conflict; on the ideological trend of the Supreme Court and the political/social climate of the country; and judicial inactivism of the Court. Applies these variables to two Jefferson…

Explores higher education institutions' legal obligations to accommodate students with learning disabilities and the courts' review of those accommodations. Lists suggestions for responding to accommodation requests, and in defending claims asserted by learning-disabled students. (Contains 182 references.) (MLF)

Educators today have access to technologies that provide both new information sources and new methods of copying, adapting, and transporting information into the classroom. The purpose of this article is to help educators properly interpret and apply copyright law to the use of video as an instructional tool. (38 footnotes) (MLF)

The Solomon Amendment provides that only by registering with the Selective Service System can males aged 18-26 receive federal aid. Fourteen states have explicitly enacted similar legislation. Examines whether these legislative initiatives are constitutional under the supremacy clause. (MLF)

Consistency in legal opinions provides administrators a framework for dealing with the discipline of handicapped students. Determination should be made by the individualized educational program team to ensure that students not be disciplined merely because they are handicapped. (MLF)

Discusses violations of federal law by school districts with respect to their treatment of students with diabetes. Details requirements by which school districts must abide by and federal procedural safeguards. Presents a model program to assure students with diabetes a right to a nondiscriminatory education. Addresses the issue of liability. (207…

Comprehensively surveys the reported court decisions arising from liability litigation on behalf of K-12 students with disabilities. Reports that no court decision has appeared of monetary damage judgment against a public school district or official for improper diagnosis/placement or improper education of a nondisabled, much less disabled,…

Outlines the significant health problems caused by asbestos materials in school buildings throughout the United States in general and in New York in particular. Describes state and federal statutes and the financial problems that result in noncompliance and argues for available federal funding for asbestos inspection and mandatory removal. (MLF)

Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…