Addresses the recent history and current status of the sexual harassment problem in colleges and universities, focusing on the harassment of students by their teachers or peers and whether and how students can hold universities liable. Develops a typology of Title IX sexual harassment claims and their variable contexts, considers implications for…

Explains to colleges and universities the import of the Supreme Court' Title VII clarifications in the Burlington, Faragher, and Oncale decisions, discusses post-decision cases in the educational context, and recommends measures that educational institutions can take to safeguard themselves from discrimination and harassment complaints and…

Reviews reasons for, history of, and exceptions to open meeting (sunshine) acts and considers arguments by the Michigan Supreme Court in its ruling supporting a university's right to privacy in its presidential search. Concludes that in contrast to the court's argument, universities do not require the freedom to employ closed searches and state…

Examines the growing practice of colleges and universities incorporating non-academic misconduct within the scope of student conduct codes. Discusses relevant cases, standards applied by courts when students challenged sanctions, and "in loco parentis" justification for sanctions. Concludes that such policies must be clearly tied to the safety of…

Argues that judicial deference to a university's denial of tenure based on an allegedly unclear accent may be unjust. Discusses: (1) the usual tenure process; (2) Title VII action and academic deference; (3) evidence that inherent bias against accents in the classroom hurts non-white instructors; and (4) proposed action for courts and…

Examines problems in the 1998 Amendment to the Family Education Rights and Privacy Act (FERPA) in its application to student disciplinary records. Reviews enactment and development of FERPA and discusses recent debate over "educational records" provision. Argues that Congress should amend FERPA to expressly mandate that universities disclose…

Reviews the history of Title IX and the various liability standards adopted by the federal courts. Provides a critical review of the "Gebser v. Lago Vista" decision and concludes that the Court's institutional liability standard is that actual knowledge is the most appropriate and legally sound standard of liability for teacher-to-student sexual…

Discusses civil and canon law issues affecting U.S. Catholic colleges and universities over the past 50 years, including discussions of property ownership, corporate structure, institutional governance, eligibility for public financial assistance, and regulatory compliance. Uses the records of the Association of Catholic Colleges and Universities…

In "National Collegiate Athletic Association v. Smith," the Supreme Court rule that the National Collegiate Athletic Association (NCAA) could not be sued under Title IX simply by virtue of receiving dues from institutions that receive federal financial assistance. A close look at the decision shows that it preserves the possibility of Title IX…

Examines the application of antitrust law to National Collegiate Athletic Association (NCAA) rules and regulations through an analysis of the Tenth Circuit's decision in "Law v. National Collegiate Athletic Association." Suggests that the "Law" decision provides a useful framework for the analysis of future antitrust challenges to NCAA rules and…

Reviews the most important cases in 1998 involving First Amendment rights in higher education. Notwithstanding the importance of the U.S. Supreme Court's decision in the mandatory student activity fees case, the issue with the most lasting importance is likely to be that of the regulation of Internet speech by colleges and universities. (SLD)

Monitors and analyzes developments in immunity law in 1998 applicable to higher education. The review suggests that the extent of a plaintiff's constitutional rights and the scope of a public official's qualified immunity depend to a not insignificant degree on which circuit, or even which panel, decides the case. (SLD)

A survey of case law relating to tort litigation in 1998 does not reveal any watershed cases that change the legal landscape for institutions of higher education, but it does show that institutions of higher education continue to face a myriad of tort claims of a diverse nature from diverse and expanding constituencies. (SLD)

Reviews 1998 court cases related to disciplinary and academic decisions in institutions of higher education. Plaintiffs challenging disciplinary and academic decisions once again met with little success, and students were largely unsuccessful in their efforts to increase the level of process accorded them in the academic environment. (SLD)

Reviewed academic employment discrimination cases decided in 1998. Concludes that such cases added little to civil rights jurisprudence, but demonstrated the frustration felt by many over the fact that federal employment discrimination statures were not designed with universities in mind. The complexity of academic employment decisions ensures…