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Hartley, Roger C. – Journal of College and University Law, 2001
Demonstrates that the ruling in "Board of Trustees of the University of Alabama v. Garrett, " a case involving an Americans with Disabilities Title I suit, made it more problematic than ever that Congress will be able to deploy Section 5 of the Fourteenth Amendment to abrogate state judicial immunity. Evaluates surviving options for…
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Disabilities
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Weber, Mark C. – Journal of College and University Law, 2000
Reviews court cases in 1999 related to disability discrimination in higher education focusing on the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973. The "Garrett" case regarding Eleventh Amendment immunity is the case most likely to be significant in the development of the law of disability…
Descriptors: College Faculty, College Students, Court Litigation, Disability Discrimination
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McCusker, Claire E. – Journal of College and University Law, 1995
Differences between the Rehabilitation Act (1973) and the Americans with Disabilities Act (1990) (ADA) with respect to "reasonable accommodations" in academic settings are examined. Development of the meaning of reasonable accommodation in case law is chronicled, and ways in which the ADA may expand the meaning are explored. College and…
Descriptors: Academic Accommodations (Disabilities), Accessibility (for Disabled), Civil Rights Legislation, College Administration
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Pullin, Diana C.; Heaney, Kevin J. – Journal of College and University Law, 1997
Discusses legal aspects of "flagging" college entrance examination scores of students whose special testing accommodations indicate a disability. Provisions of statutes and regulations, judicial decisions, and administrative agency findings governing this practice are outlined, its legality is examined, and factors for admissions…
Descriptors: Admission Criteria, College Administration, College Admission, College Entrance Examinations
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Coleman, Phyllis G.; Jarvis, Robert M. – Journal of College and University Law, 1997
Because certain disabilities cause students to need additional time to complete course work, law schools typically allow enrollment in fewer credit hours, which requires additional time for program completion. Tuition adjustment is considered as a possible solution to this problem, and it is concluded law schools may have to adjust tuition…
Descriptors: College Administration, Disabilities, Higher Education, Law Schools
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Milani, Adam A. – Journal of College and University Law, 1996
Administrative and court decisions made since enactment of the Americans with Disabilities Act (1990) that have clarified the rights and responsibilities of both students and schools are examined as they relate to the areas of admissions, academic adjustments, auxiliary aids, access, housing, and other issues facing colleges and universities. (MSE)
Descriptors: Accessibility (for Disabled), Administrative Policy, College Administration, College Admission
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Rothstein, Laura F. – Journal of College and University Law, 1997
Reviews 1995 court litigation concerning disability discrimination in colleges and universities. Cases involved student issues ("otherwise qualified" for admission or readmission, reasonable accommodations), mental health histories, employment issues, and medical education. Highlights troublesome issues currently faced by colleges and…
Descriptors: Academic Accommodations (Disabilities), Admission Criteria, Civil Rights, College Admission
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Hill, Wayne A., Jr. – Journal of College and University Law, 1992
The history, provisions, and impact on universities of the Americans with Disabilities Act of 1990 (ADA) are examined. It is concluded that the ADA will not break new ground for higher education and that Section 504 of the Rehabilitation Act of 1973 will remain the main avenue by which disabled obtain access to universities. (MSE)
Descriptors: Access to Education, Comparative Analysis, Disabilities, Federal Legislation
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Church, Timothy G.; Neumeister, James R. – Journal of College and University Law, 1998
Explores legal issues for colleges and universities in responding to disabled students' requests to participate in intercollegiate athletics, outlines statutory requirements of relevant federal legislation, gives an overview of recent case law, and analyzes how institutions can best address the requirements. Concludes that schools must make all…
Descriptors: Administrative Policy, Athletes, College Administration, College Athletics
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Tucker, Bonnie Poitras – Journal of College and University Law, 1996
Gives an overview of the obligations of postsecondary institutions toward students with disabilities under Titles II and III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Asserts that, although these statutes assist students with disabilities in becoming integral members of society, the attitudinal barriers they…
Descriptors: Accessibility (for Disabled), Attitudes, Civil Rights Legislation, College Administration
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Barber, Charles K. – Journal of College and University Law, 1996
Examines a college's obligation to determine whether the satisfactory progress standard should be waived/modified for a learning disabled student. Reviews relevant statutory/regulatory provisions protecting the rights of the disabled and their application to students with learning disabilities. Discusses significant cases concerning…
Descriptors: Academic Accommodations (Disabilities), Academic Achievement, College Students, Compliance (Legal)