The DeFunis case regarding reverse discrimination in law school admissions, won in the state trial court, reversed by the State Supreme Court, then rejected in 1974 in the U.S. Supreme Court as a "moot" case (DeFunis had already graduated), is reviewed. An outline of the appeal argument is included along with discussion of the unresolved…

The rapid development and application to universities and colleges of the constitutional principles of the First Amendment are analyzed with special reference to Healy v. James and its present and possible future ramifications in the area of student affairs including use of university facilities, student conduct, and organizational activities. (JT)

Examines the application of antitrust law to National Collegiate Athletic Association (NCAA) rules and regulations through an analysis of the Tenth Circuit's decision in "Law v. National Collegiate Athletic Association." Suggests that the "Law" decision provides a useful framework for the analysis of future antitrust challenges…

The tax status of the state college or university under three alternative theories of exemption is examined. It is suggested that such an institution can be included within the expanded view of the doctrine of intergovernmental immunity. (LBH)

Summarizes some of 2001's more interesting and important court cases regarding tort litigation in higher education, commenting on their effects on case law. (EV)

Asserts that from the perspective of America's public institutions of higher education, Blackstone's greatest legacy is his understanding of sovereign immunity. Explores the similarities between Blackstone's understanding of sovereign immunity and the current jurisprudence of the U.S. Supreme Court. (EV)

Examines major cases of the NCAA's Infractions Appeals Committee, the body responsible for reviewing the imposition of infractions upon member schools. Considers the committee's primary concerns when considering the appropriateness of the substance and procedure of sanctions. Notes the committee's increased willingness to scrutinize sanction…

Summarizes some of 2001's more interesting and important court cases regarding free speech in higher education, commenting on their effects on case law. (EV)

Summarizes some of 2001's more interesting and important court cases regarding disability discrimination in higher education, commenting on their effects on case law. (EV)

Reviews key cases concerning First Amendment rights in education handed down by courts in 1997. Cases touched on religious freedom, computer speech, speech by faculty on issues of public concern, and official prayer at public colleges and universities. (EV)

There has been a great increase in cases related to the legality of mandatory fees for student activities in higher education. In general, the validity of such mandatory fees depends on the fees being pooled for allocation to eligible organizations. What remains legally vulnerable is any special activity fee earmarked for a specific organization.…

Seeks to answer whether the Bakke rulings and their rationale retain precedential clout that can uphold the constitutionality of current single-track affirmative action programs that use race as one of multiple factors in admissions. Speculates as to the constitutionality of the program in place at the University of Michigan and the current state…

Monitors developments in 1997 in federal immunity law applicable to higher education, generally public institutions. Cases touched on Eleventh Amendment immunity (abrogation, waiver, removal, entities, interlocutory appeals, discovery), qualified immunity (claims involving motivation, interlocutory appeals), and absolute immunity. (EV)

Identifies significant trends and notable developments in tort litigation involving higher education institutions during 1997. Sections address: tort cases involving supervision and instruction of students, college and university liability for defective premises, duty of institutions to control others, common law tort cases in the context of…

Reviews key cases concerning employment discrimination in higher education handed down by courts in 1997. Cases touched on race, gender, age, religious, and marital status discrimination. (EV)