Gives an overview of the obligations of postsecondary institutions toward students with disabilities under Titles II and III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Asserts that, although these statutes assist students with disabilities in becoming integral members of society, the attitudinal barriers they…

Beating of pledges, frequently leading to lawsuits and sometimes to death, has become a serious problem in black fraternities. Although black fraternities officially cracked down on hazing in 1990 in response to a student's death, many fear underground hazing has become even more dangerous. Incidents occur both on black and on white campuses.…

Outlines North Carolina Superior Court Judge Howard E. Manning's ruling concerning school funding inequities. Details the ruling's insistence on the submission of progress reports every three months. Proposes that the ruling is too controlling and fails to recommend how to eliminate funding inequities. (PM)

Provides a survey of cases in which institutional liability has been called into question, to encourage administrators to review safety and security programs and minimize the risks associated with campus crime. Cases are reviewed that arise from crimes in residence halls, on campus grounds, and off campus. (Author/TE)

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…

This essay presents arguments in favor of continuing individualized intelligence testing in schools. Issues discussed include questions of validity in the concept of intelligence and its testing, ethical issues, legal issues, racial/minority and cultural issues, poor correlation between test results and teaching, and alternatives proposed by…

Explores the legal ramifications of malpractice among librarians and the possible impact on services due to fear of being sued. Topics include identification of potential malpractice areas; cooperative electronic reference services; use of reference standards; insurance; contract; disclaimer; updating library collections; using Internet resources;…

In Smith vs. Regents of the University of California, the California Supreme Court established new constitutional limitations on use of mandatory student fees. This article examines the Court's restriction of use of funds for ideological or controversial extracurricular programs and concludes that the distinction between educational and political…

When a college/university employee feels that his/her rights have been abrogated, the human resource department and in-house legal staff should be prepared to conduct a comprehensive, objective, and professional investigation. Such issues as proof of misconduct, "reasonable grounds," negligent investigation claims, and defamation claims are…

The issue of mandatory dental student consent to provision of clinical services by student colleagues is discussed, particularly when a student seeks to avoid mandatory treatment requirements or refuses treatment from an assigned student care provider, or is denied enrollment based on refusal to consent to treatment. Legal and policy…

Economic underpinnings of retirement incentives and case law leading to the Older Workers Benefits Protection Act (1986) are reviewed; implications for early retirement incentives for college faculty are considered. It is concluded that congressional intent is not to foreclose such incentives and that the Age Discrimination in Employment Act…

Changes in immigration patterns bring problems and opportunities to higher education. New federal law significantly changes the ethnic and skills mix of the immigrant pool. Issues emerging include potential brain drain; pressure for curriculum change; language as a barrier to access; and the rights of illegal immigrants to higher education. (MSE)

Academicians can determine by their own acts whether outsiders can, by subpoena, compel disclosure of their research. Institutional employment policies limiting the amount and nature of outside consultation and information policies establishing the confidentiality of data acquired in research will limit the extent to which disclosure can be…

The current income tax law's effects on common elements of education financing are discussed, including scholarships, loans, employment, and related issues. In light of recent tax changes that increase the after-tax cost of education, information for maximizing remaining tax advantages is offered. (MSE)