Reviews the Tax Reform Act of 1969 with regard to income, estate, or gift tax deductions available for the gift or bequest of a remainder interest. Compares the various types of deductible charitable remainder gifts. Legal forms are included for pooled income fund trusts and for charitable remainder annuity trust gifts and unitrust gifts. (JT)

The Federal Securities and Exchange Commission's new Rule 144 applicable to public transactions in restricted securities is reviewed with the conclusion that maximum benefits to colleges and universities can be obtained only after various areas of uncertainty engendered by the Rule are clarified by the Commission. (JT)

As the number and level of fringe benefits increases, particularly in the retirement sphere, institutions must keep in mind that today's commitment will be felt in tomorrow's budget. The range of employee benefits available are analyzed with regard to cost: unfunded benefits (vacations, leave), government programs, insurance, retirement plans, and…

Describes recent litigation regarding student activities fees and delineates for the university attorney questions that have received judicial scrutiny and those expected to provoke future litigation. Topics covered include manditory fees, public interest research groups, challenges to use of fees, and school control over expenditure of fees. (JT)

In response to the question of what role the courts will play in higher education in the next decade, three broad areas of litigation are discussed: allocation of resources, access to the benefits of higher education, and participation in the making of academic decisions. (JT)

The concept of academic tenure is examined in relationship to charges that it may violate Title VII of the Civil Rights Act regarding equal opportunities for women and minorities. The author finds no reason why a well-administered award tenure system utilizing collegial judgment is inconsistent with Title VII. (JT)

The issue of library photocopying of copyrighted materials is examined from a historical perspective and with reference to proposed legislative revisions including the establishment of a compulsory licensing for reproduction. The author proposes that publishers be awarded compensation from the federal government for granting educational use of…

Traces the background of the Government's patent policy as a contractor including the Kennedy and Nixon statements, which served finally to establish a government-wide policy. The author considers the new policy consistent and protective of the rights of both Government and the contractor but notes that it is now questioned on Constitutional…

Three methods of making institutional decisions are analyzed. They represent progressive separation of decision-making authority from the academic institution: shared authority, collective bargaining, and arbitration. The author warns that increased reliance on external decision makers may be detrimental to maintaining a concept of community…

The rapid development and application to universities and colleges of the constitutional principles of the First Amendment are analyzed with special reference to Healy v. James and its present and possible future ramifications in the area of student affairs including use of university facilities, student conduct, and organizational activities. (JT)

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

Holds that American colleges and universities confront two forces (government regulation and reduction in resources) that will destroy their integrity unless they are committed to defending their fundamental purpose--to advance the pursuit of truth and to reward those contributing to that end. (JT)

Overviews current and recent preferential admissions cases other than DeFunis, particularly Bakke v. the Regents of the University of California, pointing up major issues in racial preferential admissions cases and concluding that universities and their professional schools, not the courts, must fashion and apply admissions policies responsive to…

Explains basic principles of the financial management and administration of private university funds and related problems of governing investments. Covers, for example, the general nature of the charitable transfer (Which law, trust, or corporation?), the cash flow problem (borrowing restricted funds to meet budgted deficits), and delegation of…

Office of Education regulations upon which "need" analysis for federal student financial aid subsidies is based are presented and analyzed and the legal issues discussed. It is concluded that legal analysis tends to support the constitutionality of the guidelines. Recommendations are made that would provide flexibility within the guidelines. (JT)