Unlike private parties, school districts have legal restraints on their ability to settle disputes in secret. Open records laws, state reporting statutes, judicial interpretations of public policy, and the First Amendment to the U.S. Constitution may all restrict a school district's ability to enter into valid settlement agreements containing…

U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…

Based on a recent lawsuit involving Kinko's Graphics custom-made anthologies resembling university print shop copies, this article examines three liability questions pertaining to the copyright law's fair use standards and accompanying classroom guidelines. Basically, individual teachers must desist from assembling these anthologies without…

Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…

Autonomy is the right of self-determination and self-governance of higher education institutions by independent academic boards without state government control. In "Sweezy v. New Hampshire," the U.S. Supreme Court defined a college's four essential freedoms: to determine who may teach, what may be taught and how, and who may be admitted…

Although constitutional limits usually apply only to public institutions, contract law applies to both public and private institutions. By assuming that institutions will be held accountable for all official statements and that public institutions need an informal process ready for certain situations, schools can garner some legal protection.…

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

Analyzes case law on the denial of tenure after a review. Addresses the following issues: due process, access to reviewed materials and deliberations, authority of the ultimate decision-makers, claimed violations of civil rights, liability claims, and quests for damages. Presents recommendations for making higher education policies and practices…

Among the protective measures against computer viruses that universities should consider are the following: (1) establishment of policies regarding student and faculty conduct; (2) distribution of information; (3) limitations on access to college computers; (4) establishment of operational safeguards; and (5) creation of an emergency action plan.…

"Stevens v. Tillman" illustrates the limited reach of federal law in controversies where community activists use extreme, even illegal, methods to exert their will over objecting school officials. Defamation charges against activists for verbal abuses will apparently be very difficult to sustain, given court views that being called a…

The Sixth Circuit Court approved an expulsion process even though the student was "convicted" on hearsay testimony alone and denied the opportunity to confront and cross-examine witnesses. The explanation and rationale for the court's orientation is viewed against prior case law. (MLF)

The most likely legal challenge to assessment centers is racial discrimination. Although validation studies have shown the assessment center to be job related and no equally effective alternative to be available, futher validation will be needed with each new application of assessment centers in certification and employment decisions. (MLF)

Conflicts between educational and medical law and between school policies and the professional ethics and standards of school nurses increasingly lead to professional legal dilemmas related to health data collection, recordkeeping, storage of confidential health information, protection of a student's and/or family's right to confidentiality, and…

In the United States Supreme Court ruling "City of Richmond v. J. A. Croson Co.," six separate opinions were issued by the Justices, indicating that the Court remains divided in the scope, rationale, and implication of its affirmative action decision. This commentary explains the Court's decision and provides some guidance to school…

Although certain constitutional rights do not apply to private institutions, striking similarities in employment problems exist between public and private colleges. Summarizes court litigation involving constitutional standards, established public policy, contractual problems, and financial exigency. Offers procedures for faculty dismissal that…