The role of lawyers representing colleges on Title IV (Higher Education Act) student aid issues is to prevent, identify, correct, negotiate, resolve, or litigate regulatory problems confronting participating colleges. These functions also extend to problems arising before the existence of accrediting agencies, state licensing bodies, guaranty…

The statement of the American Association of University Professors' Special Committee on Distance Education and Intellectual Property addresses the rights and responsibilities of faculty, institutions, and third parties in the current volatile, highly entrepreneurial environment of distance education. A statement on copyrights is included. (MSE)

Summarizes federal regulations concerning academic advising, including defamation, negligence, privacy, disabilities, civil rights, duty to report crimes, and privilege. Relevant state laws, interpretations, hypothetical situations, and the possible institutional and personal penalties, both civil and criminal, of not following current laws are…

Examines liability incurred by university-sponsored information technology internships and consulting relationships with the business community. In these outreach engagements, the university takes the role of primary insurer for the business client and provides an indemnity shield for the university's representatives. As the number of engagements…

Explores six court cases in which the court addressed the permissibility of aid to higher education under the federal constitution. While state court interpretations may shift because of "Ex Corde Ecclesiae," the Papal constitution on higher education, it is seen as unlikely that federal or state taxing authorities will revoke…

Opponents of corporal punishment have argued strongly in favor of the United States' ratification of a treaty that contains several provisions prohibiting the use of corporal punishment on children. Contends that even if ratification were to occur, it would face significant obstacles in the United States. A new norm rejecting corporal punishment…

Discussion of high school graduation requirements for students with disabilities focuses on legal and practical issues including graduation standards, minimum competency testing, and termination of services. Recommendations are offered to help school districts establish a process for graduating students with disabilities within the legal framework…

Like county governments, hospitals, and municipalities, superintendents must develop policies and protocols for requesting proposals, administering contracts, and ensuring desired results of private-sector services. Administrators should consider performance criteria, legal issues, cost and efficiency analysis, contractor evaluation criteria, and…

The American Association of University Professors' government relations committee report on distance learning addresses issues and makes recommendations concerning the political context of the growth of distance learning; definitions, descriptions, and claims of distance learning; academic freedom; intellectual property rights; faculty workload…

Traditional characteristics of academic health centers are outlined, and conflicts with managed care are identified. Operating strategies designed to resolve the conflicts are discussed in light of tax statutes and regulations, Internal Revenue Service interpretations, and case law. Detailed references are included to provide a complete resource…

In a case involving Yale University (Connecticut), reasons for the National Labor Relations Board reconsidering its previous stance on graduate teaching assistant membership in bargaining units and participation in collective bargaining agreements are examined, drawing on current regulations, recent history of such cases, and the relevance of the…

Current approaches used by private colleges and universities to manage trustee conflicts of interest are analyzed, and recommendations are made for developing appropriate trustee conflict-of-interest policies. Many of these institutions have not expressly adopted adequate policies that procedurally and substantively address the problem, despite…

A discussion of affirmative action issues and litigation in higher education looks at college and university employment; admissions, student financial aid, and other programs unique to educational institutions; the status of racial "diversity" as a rationale for affirmative action; and the types of activities and programs likely to withstand…

Teachers continue to be underinformed about legal issues affecting schools. Litigation and case law since 1998 suggest that principals should provide teachers with additional training in the areas of school violence, school prayer, sexual harassment, the Individuals with Disabilities Education Act, data privacy, and student suicide. (MLH)

Reviews some legal and procedural guidelines pertaining to freedom of expression and due process in how teachers and administrators handle student verbal or symbolic threats. Reviews school cases related to freedom of expression, written expression, verbal or written expression off school property, and Internet expression. Offers recommendations…