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)

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)

The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)

Three new elements affecting charitable contribution deduction and institutions which rely on voluntary contributions and tax exemption are reviewed: the new Office of Employee Plans and Exempt Organizations of the Internal Revenue Service, the recent report of the Filer Commission, and the concept of tax expenditures incorporated in the…

Explores the transition from a territorial conception of jurisdiction to one more suited to the exigencies of life today, with special reference to legal issues that might be presented by semester-abroad programs sponsored by American colleges and universities. (EV)

Briefly summarizes the relevant 1997 case law in the area of disability discrimination in higher education. Discusses that relatively few significant lower court decisions were rendered in the area, along with no Supreme Court decisions. (EV)

In light of potentially erroneous and confusing judicial decisions regarding liability in hazing injuries, this article canvasses the many issues and precedents concerning hazing litigation, sorts through and adds context to them, and provides critical analysis and suggestions to lesson liability to Greek organizations. (EV)

An examination of Internal Revenue Service administrative policies regarding Internal Revenue Code and Treasury regulations on charitable remainder trusts and pooled income funds concludes that rulings on the former have been few and results unexpected while those on the latter reflect the legal complexities, some being substantively and…

Surveys the federal tax implications of "immediate" charitable gift annuities (annuity payments beginning within one year of transfer) and "deferred payment" charitable gift annuities (beginning at a specified date), both of which enable individuals to make a charitable gift, retain a form of life income, and achieve federal…

Trends in the federal tax law doctrines of unrelated trade or business and private inurement are surveyed with the conclusion that certain proscribed transactions with insiders would cause deprivation of tax-exempt status while other activities, bearing more on private than public interests, may cause some tax liability rather than total loss of…

Problems of the university which conducts a patent management program are considered: the application of the tax on unrelated business income to patent-related activities; the effect of patent-related activities on tax-exempt status, and the treatment of payments received from patent activities. Guidelines for patent programs and licensing are…

A clear description of what educators, administrators, or students may and may not copy under the various provisions of the Copyright Law Revision of 1976 is attempted, but the author concludes that the language of the law itself makes such a description impossible. (LBH)

Research in higher education law requires reporter systems, citators, indices, and commercial services. The major legal resources available for research in higher education are reviewed. (Author/MLW)