Those who come in contact with students at the post-secondary level face a myriad of potential legal challenges in their interactions with students and others. All members of the academic community should be familiar with the more common legal issues and to plan accordingly to avoid future problems. This article explores FERPA in the classroom,…

The "Talking Stick" is published bimonthly, six times a year in January/February, March/April, May/June, July/August, September/October, and November/December by the Association of College and University Housing Officers-International. Each issue is divided into three sections: Features, Columns, and Departments. These sections contain articles…

The "Talking Stick" is published bimonthly, six times a year in January/February, March/April, May/June, July/August, September/October, and November/December by the Association of College and University Housing Officers-International. Each issue is divided into three sections, namely: Features, Columns, and Departments. These sections contain…

The "Talking Stick" is published bimonthly, six times a year in January/February, March/April, May/June, July/August, September/October, and November/December by the Association of College and University Housing Officers-International. Each issue is divided into three sections: Features, Columns, and Departments. These sections contain articles…

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)

Proposes that faculty and administrators should be viewed as fiduciaries charged with acting in the best interests of their students. Reviews recent cases involving breach of fiduciary duty against schools and discusses whether imposing fiduciary duties would hinder academic freedom. Suggests why the doctrine of good faith and fair dealing offers…

Reviews 2000's tort law decisions concerning higher education, dividing the cases into five sections: instruction, advising and supervision of students, dangerous students and third parties, dangerous premises, employment, and medical center cases. (EV)

Reviews court cases in 2000, including "Schaer v. Brandeis University," which reveal that courts continue to defer to college and university decisions pertaining to students, whether in the academic or disciplinary context. (EV)

Surveys courts cases in 2000 that addressed discrimination against students, including gender discrimination under Title IX and racial discrimination under Title VI. The cases return to familiar themes, exploring when, if ever, an educational institution may consider gender or race in making decisions that affect the educational opportunities…

Reviews developments in 2000 in the law of disability discrimination as it relates to higher education, which falls into five categories: (1) definition of a qualified individual; (2) accommodations, access, undue burden, and fundamental alteration of programs; (3) intentional discrimination, harassment, and retaliation; (4) Eleventh Amendment…

Describes problems of faculty conflict of interest in general terms; briefly examines the evolution and current context of the problem, including legal and regulatory contexts; discusses the views of scholars, academic associations, and others concerning how the problem should be dealt with by universities; and analyzes and summarizes specific…

Explores two aspects of financial dilemmas in postsecondary education and disability law: who pays for funding of students' auxiliary aids and for how long. Suggests that in the 1998 Rehabilitation Act Amendments, Congress implicitly acknowledged that agencies may sometimes be unable to offer students a full range of vocational services,…

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…