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 discussion of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 concerning responsibility for toxic waste disposal looks at college and university liability under the act, institutional defenses that could be raised under the act, and the settlement process. (MSE)

The Yeshiva decision and the General Counsel's guidelines in attempting to limit its applicability should force the kind of inquiry that the National Labor Relations Board avoided. However, this requires that college and university administrators review institutional structure, faculty unions, and faculty characteristics that might distinguish…

A court decision that income from a National Collegiate Athletic Association (NCAA) souvenir program was not a "regularly carried on activity" and, therefore, was taxable as business income is discussed. Application of the same principles and standards to university income from advertising activities is considered, and recommendations…

Court litigation on sex discrimination in public agency hiring may significantly alter the balance between plaintiff and defendant in Title VII action, but its narrow view of the tone of the law may be affected more than procedure. (MSE)

Immunity to prosecution afforded to units and agencies of state government under the eleventh amendment is discussed as it applies to public colleges and universities called as defendants in federal court actions. (MSE)

The provisions of the December 1979 statement interpreting Title IX of the Education Amendments of 1972, concerning sex discrimination in intercollegiate athletics programs, are outlined. A commentary is provided on some portions, including a new jurisdictional statement, scholarship and recruiting rules, and attempts to regulate employment…

Discussion of a ruling allowing state agencies to deny new educational loans to students with previous loans discharged in bankruptcy looks at the intent behind the Bankruptcy Code, specifically concerning the nature of educational loans and the "fresh start" policy. Potential conflicts between the state and federal statute is also…

Institutional boards, administrators, and counsel must become informed about the expanding array of statutes, ordinances, and regulations concerning property of historical interest in order to cooperate constructively with community organizations and public agencies in raising funds, altering and removing existing buildings, and developing campus…

One university presently has an accord with the Department of Labor that helps greatly in satisfying confidentiality needs. However, each university is still forced to undergo litigation independently for treatment of its records. In the meantime, the peer review system may be eroding until underlying legal issues are settled. (MSE)

The text of the court order following litigation to release faculty peer review evaluations at the University of California Berkeley is presented. The order applies to all university campuses and covers the release, maintenance, and return of relevant university documents. (MSE)

Discussion of scientific misconduct, particularly plagiarism, explores the legal issues and compares the processes by which the Office of Research Integrity and the National Science Foundation conduct investigations and evaluate misconduct allegations. Relationships between allegations of plagiarism, copyright infringement, and theft of…

A former Secretary of Health, Education, and Welfare reviews the social influences that helped shape the federal relationships with higher education in the 1970s, including student aid programs, the developing institutions program, and enforcing antidiscrimination legislation. The search for flexible but useful measures to effect social change…

The Office of Civil Rights' proposed ruling of minority-specific college scholarships as violating federal civil rights law, except when implemented as a result of court-ordered plans, is discussed and criticized. Legislative language, case law concerning minority-specific plans, and the history of postsecondary desegregation are examined.…

A discussion of academic freedom focuses on the academic community's relationship with federal intelligence agencies, including classification of research results and covert activity on campus. The American Association of University Professors' principles concerning the ethics of these issues are outlined, as drawn from several recent association…