Identifies and summarizes key provisions of the privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Suggests approaches a university can take to achieve compliance with those provisions, and discusses issues raised by the privacy regulations that are of particular relevance to the academic community. (EV)

Discusses the U.S. Supreme Court's opinion in Gonzaga University v. Doe, where the Supreme Court held that a person whose records were disclosed has no right to sue the institution for its violation of the Family Educational Rights and Privacy Act of 1974 (FERPA). Explores the decision's ramifications for higher education, including applicable…

Discusses the history of the Family Educational Rights and Privacy Act (FERPA), the Falvo and Gonzaga U.S. Supreme Court cases, and how universities might rethink FERPA in light of digital records. A discussion of Professor Lawrence Lessig's book "Code and Other Laws of Cyberspace" is used as a framework for discussing institutional…

Arguments for enjoining enforcement of the New York state law to disclose results of standardized admissions tests to students address these issues: copyright, financial harm to test creators, constitutional protection, and the public interest. Recent court litigation, especially concerning the Medical College Admission Test, is reviewed. (MSE)

The possible negative and positive effects of the National Collegiate Athletic Association's regulation, intended to monitor coach income and improve institutional control of programs, are examined. Legal effects under state open-records laws are outlined, one case is reviewed, and the regulation's practical effects are summarized. (MSE)

The costs and benefits of openness for governance of higher education are analyzed through a survey of state sunshine laws, relevant case law, state attorney generals' opinions, and interviews with a cross-section of individuals representing the range of openness. (MSE)

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…

A discussion of the testing of new drugs in campus medical facilities reviews the process of federal approval of investigational new drugs, analyzes the implications of the federally mandated institutional review board, and the issues of informed consent and the ethics of human-subject research on campus. (MSE)

The article examines the proposed Student Athlete Right to Know Act, discusses the reasons for its development and support including the academic neglect of student athletes, and summarizes the effect the bill will have on intercollegiate athletics and higher education if it becomes law. (DB)

National security controls and restrictions on academic institutions and individuals are discussed, with focus on how the principles of first amendment rights (academic freedom in particular) must balance attempts on censorship of unclassified publications and academic presentations. Specific legislation and litigation are considered. (MSE)

It is proposed that the principle of academic freedom in research is a myth, and the reality is a tension between the ideals of open inquiry and professors' freedom of choice. A procedural device, a standing committee to review research grants and make choices about external funding, is recommended. (MSE)

Areas of privacy protection provided by FERPA are discussed and related to: coverage of institutions; former students; admissions records and letters of recommendation; exclusion of private records, law enforcement records, and employment records from education records; student access to records; challenges to information in records; disclosure;…

Issues concerning athletic law are discussed: whether an athlete may be dismissed for remarks made against the coaching staff, whether the conduct of a coaching staff can result in individual liability for civil rights violations, and whether an athlete's financial aid information is subject to freedom of information legislation. (Author/MLW)

Public access to scientific research obtained by faculty employed at state universities, it is suggested, should be restricted until proprietary rights have been secured. Public access to a state university's research denies that institution a proprietary right, and severely discourages the promotion of high quality basic research. (MLW)

Harlan Cleveland's book concerning the benefits and costs of open governing board meetings is reviewed and critiqued, especially in its suggestions for modification of statutes in the cases of presidential searches and program and board evaluations. (MSE)