A guide to college and university compliance with the 1976 copyright act discusses these issues: the kinds of works that can be copyrighted; the kinds of acts that can infringe on claimed copyright; factual situations that can prevent copyright infringement liability when infringement has occurred; and obtaining permissions. (MSE)

Federal antitrust issues in the day-to-day operations of colleges and universities that have arisen in recent litigation or may arise for institutions are discussed, areas of possible immunity are outlined, and sources of further information are listed. (MSE)

First amendment challenges to the use of mandatory student fees for abortion services have not reached federal courts, and the only pertinent state decision upheld the mandatory fee system. However, recent decisions and historical analysis suggest the court must grant relief to students whose right to free worship is violated. (Author/MSE)

Court application of the second step of due process inquiry (what process is due) to student dismissals from tax-supported postsecondary institutions is examined. Of special interest is the weight given three factors (private interest affected, risk of erroneous deprivation of such interest, and government's interest) in the context of higher…

Recent cases in which the courts have either ordered reinstatement of dismissed tenured faculty or refrained from doing so are surveyed, and the themes that generally distinguish one decision from the other are examined. (MSE)

The National Association of Attorneys' Model Solicitation Act, which covers college and university fund-raising and has been used for state legislation, is discussed. Its origins and basic concepts, impact on institutions, and reasons for eliminating college and university exemption are examined. (MSE)

Basic principles of insurance law are reviewed, an overview of liability insurance is given, and currently significant issues concerning liability insurance coverage with special relevance to higher education institutions are examined. Focus is on professional and director-and-officer insurance, but other applications are possible. (Author/MSE)

Recent court litigation involving the contractual relationship between college students and colleges is reviewed and the issues raised are examined to evaluate how real the threat of contract liability is. Court approaches are heavily result-oriented in academic decision cases, but courts are increasingly reluctant to overturn institutional…

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 history, provisions, and impact on universities of the Americans with Disabilities Act of 1990 (ADA) are examined. It is concluded that the ADA will not break new ground for higher education and that Section 504 of the Rehabilitation Act of 1973 will remain the main avenue by which disabled obtain access to universities. (MSE)

Colleges and universities are generally subject to new penalty excise taxes under the Internal Revenue Service (IRS) code on charitable and educational organizations. The law and proposed regulations are explained, with specific attention to how the rules apply to colleges and universities and how these institutions can best protect themselves…

The case of Blair vs. Washington State University revives the state equal rights amendment as a feasible and powerful cause of action against sex-based discrimination, in college athletics and beyond. Washington's amendment mandated equality in funding, facilities, treatment, and opportunities for Washington State University's women's…

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

The extent to which college and universities can be held liable for student injuries during extracurricular activities is discussed based on negligence claims. Court reluctance to impose liability on institutions and the underlying policy considerations are examined. (MSE)

A discussion of the testing of new drugs in campus medical facilities reviews the process of federal approval of investigational new drugs, analyzes the implications of the federally mandated institutional review board, and the issues of informed consent and the ethics of human-subject research on campus. (MSE)