Surveys the most significant court cases in 2000 involving First Amendment rights in higher education, especially those that may have received scant attention when decided but which promise to affect campus life for years to come. Provides insight into legal trends and shifting thinking as it applies to the First Amendment in the college and…

Analyzes the legal principles, facts, and circumstances that govern decisions of courts regarding the validity of written releases, and provides practical advice to higher education lawyers and administrators as they evaluate the utility of releases and seek to maximize their benefit. (EV)

Analyzes the origins of recent federal appellate decisions' divergence from the Supreme Court's identification of teachers' or faculty's academic freedom as "a special concern of the First Amendment." Suggests ways in which academic freedom might better be accorded its rightful importance within the framework of current Supreme Court…

Reviews developments in 2000 in the law of disability discrimination as it relates to higher education, which falls into five categories: (1) definition of a qualified individual; (2) accommodations, access, undue burden, and fundamental alteration of programs; (3) intentional discrimination, harassment, and retaliation; (4) Eleventh Amendment…

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)

Explains that courts have generally subjected disciplinary action to procedural due process under the Fourteenth Amendment, while academic sanctions have garnered greater deference. Examines the judicial history of this dual track, establishes the difficulty of characterizing as either disciplinary or academic the countless situations reflecting…

Discusses the U.S. Supreme Court's opinion in Gonzaga University v. Doe, where the Supreme Court held that a person whose records were disclosed has no right to sue the institution for its violation of the Family Educational Rights and Privacy Act of 1974 (FERPA). Explores the decision's ramifications for higher education, including applicable…

Discusses the history of the Family Educational Rights and Privacy Act (FERPA), the Falvo and Gonzaga U.S. Supreme Court cases, and how universities might rethink FERPA in light of digital records. A discussion of Professor Lawrence Lessig's book "Code and Other Laws of Cyberspace" is used as a framework for discussing institutional…

Reviews court cases in 2000, including "Schaer v. Brandeis University," which reveal that courts continue to defer to college and university decisions pertaining to students, whether in the academic or disciplinary context. (EV)

Categories of this annotated list are: General Materials, Books; General Materials, Articles; Organizations; Sex Discrimination and Title IX; The NCAA and the Regulation of Collegiate Sports; Broadcasting; Transnational Sports; Sports Violence; Sports, Law, and Medicine; and Miscellaneous. (AF)

Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…

This article outlines several major categories of discrimination by students toward their classmates and suggests possible reasons for the rise in such behavior. The paper discusses means of legal recourse against student offenders, actions taken by several universities, and recommended courses of action for institutions and students. (Author/DB)

Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…

The tax status of the state college or university under three alternative theories of exemption is examined. It is suggested that such an institution can be included within the expanded view of the doctrine of intergovernmental immunity. (LBH)

Surveys courts cases in 2000 that addressed discrimination against students, including gender discrimination under Title IX and racial discrimination under Title VI. The cases return to familiar themes, exploring when, if ever, an educational institution may consider gender or race in making decisions that affect the educational opportunities…