This hearing is the first in a series convened by the Committee on Education and the Workforce to examine federal rules and regulations that undermine the strength of the nation's education system. The House has charged this committee to look at rules and regulations within the jurisdiction that may hinder job creation and economic growth. This…

The organization of higher education varies from state to state, and the methods the several states use in the interpretation of constitutional or statutory provisions are so different that judicial precedent in one state may not be applicable at all in another. For an understanding of the general trends in litigation regarding higher education…

Reviews the case law of academic abstention (issues that the courts consider beyond their expertise) in the following areas of higher education: (1) student qualifications; (2) faculty qualifications; (3) student substantive rights; (4) faculty substantive rights; and (5) discovery of information. (199 references) (MLF)

The American system of higher education governance is examined by exploring the corporate authority of governing boards at the turn of the century, from the 1880s to World War I, to establish a baseline from which to evaluate changes in this authority resulting from the changing role of federal and state governments in higher education since World…

Two contrasting views of social policy toward organized athletic competition are presented: (1) Hackbart vs Cincinnati Bengals, Inc. suggests a laissez faire approach; and (2) Nabozny vs Barnhill holds that courts should apply basic tort law to ensure respect for basic standards of civilization. Implications for colleges and universities are…

A report on a bill to establish an endowment program for developing institutions is presented. The bill, the Challenge Grant Amendments of 1983, would amend the Higher Education Act of 1965, Title III, Part C, in order to: (1) encourage the development of endowment funds by developing institutions, (2) provide additional incentives to promote…

It is argued that the federal courts should recognize a qualified evidentiary privilege for universities that would require a trial court to balance the conflicting needs for confidentiality and disclosure before compelling discovery of sensitive university information. (Available from: University of California School of Law, Berkeley, CA) (MLW)

This testimony on charter schools is based on a report prepared at the request of the Subcommittee on Labor, Health and Human Services, Education, and related agencies by the General Accounting Office. Remarks focus on charter schools' instructional innovations, autonomy, accountability systems, and the challenges they pose for federal programs.…

Legal arguments are summarized concerning the case of Professor James A. Dinnan, whose refusal to reveal his vote on a tenure review committee led to his jailing. The author argues that the case illustrates the need to reassess tenuring patterns that foster institutional discrimination, rather than an assault on academic freedom. (PP)

The failure of the courts to articulate a coherent legal theory respecting legal rights of students has led to considerable confusion. An examination of court decisions on student rights suggests that a coherent theory is possible. The contract theory of student rights is discussed. (Author/MLW)

North Dakota established the State Board of Higher Education, a constitutional body, in order to remove higher education from the political sphere, but there is little judicial clarification of the degree of autonomy. Judicial decisions in nearby states indicate institutions may not be interfered with by a state legislature. (MLW)

This report was prepared in response to requests by Senators Specter and Kennedy for information regarding charter schools. It presents data on the following: the number of charter schools approved under state law; characteristics of charter-school instructional programs; factors for school autonomy; accountability mechanisms; and the challenges…

Sweeney is the first higher education case in which a court overruled unanimous peer recommendation against promotion and tenure. The possible implications for the peer review or collegial model of making faculty promotion and tenure decisions are examined, and more thorough and objective decision methods are recommended. (MSE)

Examined are issues related to authority of a state governing board in conflicts involving higher education institutions and the state government. It is concluded that the overlapping responsibilities of governing boards and state legislatures are ambiguous. (Journal availability: University of North Dakota School of Law, Grand Forks, ND 58202,…

Government regulation of recombinant DNA research is addressed. Issues discussed include the potential of such research; National Institutes of Health guidelines; federal, state, and local regulation; the controversy over self-regulation; first amendment protection for scientific research; and problems in drafting legislation. (JMD)