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…

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…

Reviews the steps Catholic colleges and universities will have to implement, and the related legal difficulties, if Catholic bishops adopt the draft norms of "Ex Corde Ecclesiae," the Papal constitution on higher education. The unwillingness of Catholic institutions, as corporate entities, to do so is seen as a potential barrier to…

Examines in light of writings and reported decisions, the potential basis for imposing personal liability on trustees of educational institutions for wrongdoing or negligence, alerting institutional counsel to responsibility for protection of trustees to include indemnification and liability insurance coverage. (JT)

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…

A review of key provisions of the 1976 federal copyrights act covers: the rights acquired by claimed copyright, duration, transfer, termination, penalties for infringement, problems for museum collections and archives, and suggested approaches to them. Appended are an acquisitions checklist and suggested legal forms for transfer and deed of…

Presents an innovative approach to resolution of faculty employment disputes at institutions of higher education. Discusses the framework in which faculty employment issues arise, the current state of alternative dispute resolution (ADR) as it is relevant to employment disputes, and the substantial benefits which could be achieved by developing a…

Some of the risk management procedures for use with liability loss exposures, specifically in the context of higher education, are conceptualized and described. Liability insurance--its coverage and market--is discussed and sample policy provisions are appended. (LBH)

Two books addressing legal aspects of sports and other physical activities are reviewed. Both books note the high potential for liability in the field of sports; identify possible problem areas; and offer specific guidelines for managing the legal implications of such areas as facility management, injuries, instruction, and others. (DB)

The practices of the Overlap Group, a group of colleges that pools information to arrive at common financial-aid packages for applicants, are examined and a Justice Department inquiry is discussed. An antitrust analysis and some possible conclusions by the Justice Department or reviewing court are offered. (MSE)

A model student code is provided for use by college and university counsel in creating their own written student disciplinary codes. Commentary on each section of the model code offers practical reasons for inclusion and some suggestions on how college counsel might approach certain disciplinary issues. (Author/MSE)

Reviews 2000's tort law decisions concerning higher education, dividing the cases into five sections: instruction, advising and supervision of students, dangerous students and third parties, dangerous premises, employment, and medical center cases. (EV)

A member of the National Labor Relations Board (NLRB) lists information the Board needs on a university's structure and operation in reaching fair decisions on such collective bargaining issues as university-wide bargaining units, inclusion of ancillary personnel in faculty units, and determination of supervisory status. Major NLRB university…

Examines trustee liability in light of the Stern v. Sibley Memorial Hospital decision which contains "a thorough and well considered exposition on the liability of trustees of charitable corporations as well as useful guidelines to be followed, particularly in the area of conflicts of interests." (JT)