Summarizes some of 2001's more interesting and important court cases regarding free speech in higher education, commenting on their effects on case law. (EV)

Summarizes some of 2001's more interesting and important court cases regarding tort litigation in higher education, commenting on their effects on case law. (EV)

Summarizes some of 2001's more interesting and important court cases regarding disciplinary and academic decisions by higher education institutions, commenting on their effects on case law. (EV)

Summarizes some of 2001's more interesting and important court cases regarding employment discrimination in higher education, commenting on their effects on case law. (EV)

Summarizes some of 2001's more interesting and important court cases regarding discrimination against students in higher education, commenting on their effects on case law. (EV)

Summarizes some of 2001's more interesting and important court cases regarding disability discrimination in higher education, commenting on their effects on case law. (EV)

Discusses college and university obligations to collect, maintain, and provide information about foreign students to the government. Explores federal immigration rules relating to foreign students and examines the interaction between the Immigration and Naturalization Service's (INS) regulations and the Family Educational Rights and Privacy Act of…

Identifies and summarizes key provisions of the privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Suggests approaches a university can take to achieve compliance with those provisions, and discusses issues raised by the privacy regulations that are of particular relevance to the academic community. (EV)

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)

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 choices with…

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…

Explains constitutional and statutory underpinnings of the Supreme Court's shift from broadly deferring to executive regulation to imposing a more critical inquiry. Discusses why some executive regulations are merely advisory and not "rules of law" that require either judicial deference or university compliance. Analyzes key Supreme Court cases…

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 First…