The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

Study abroad programs have proven beneficial for both the international student as well as the domestic community and school population interacting with the student. In an effort to promote cultural awareness, intercultural communications as well as opportunities for future study abroad program success, universities must take care to provide…

With the maturation of the internet more and more colleges and universities are offering online courses. As these courses enter the mainstream, public policy issues are beginning to emerge. Many of these involve the tension between the "work for hire" doctrine and academic freedom that occurs when educational institutions offer these…

Recent challenges to the tax-exempt status of private colleges and universities in Pennsylvania result from the convergence of two trends: an aging population that changes the economic balance, and a shift in case law that heretofore favored charities. If the challenges continue, higher education will feel significant negative consequences. (MSE)

Federal antitrust issues in the day-to-day operations of colleges and universities that have arisen in recent litigation or may arise for institutions are discussed, areas of possible immunity are outlined, and sources of further information are listed. (MSE)

College and universities that invested in the Foundation for New Era Philanthropy, now bankrupt, now find they were taken in by the organization's investment claims. Suits are being filed on behalf of investors and by the Securities and Exchange Commission, claiming fraud. Even institutions not investing in the charity may learn from the…

The holdings in two court cases concerning the professional draft eligibility of college football players are examined as they relate to federal antitrust legislation. At issue in the cases is the National Collegiate Athletic Association's regulation of college athlete eligibility. (MSE)

The problem that presidents and trustees face with their attorneys centers on education leaders' unfamiliarity with legal matters. Presidents and trustees must rely on lawyers for legal advice but should not delegate to attorneys the authority to make administrative and management decisions. (MLW)

A circuit court ruling involving sex-discrimination and college faculty tenure is examined, focusing on differences between this case's substantive analysis and the procedural focus of earlier decisions. It is concluded that the case sets a standard for judicial intervention in an area formerly considered beyond the reach of law. (MSE)

Cases in which colleges and universities have taken a donor or his/her heir to court over promised donations, while rare, have been spotlighted recently. Ordinarily, institutions avoid such public battles through careful gift planning or quiet settlement of disputes. However, some feel such cases will multiply because donors and heirs are becoming…

In 25 years, litigation and lawyers' influence on campuses has increased dramatically and so has the National Association of College and University Attorneys group's membership. A review of the past 25 years of legal changes and increased reliance on lawyers is presented. (MLW)

Colleges and universities that provide computer services have become vulnerable to potential lawsuits associated with contraction and spread of computer viruses. Bookstore, library, and computer classroom or laboratory are most susceptible. In addition to protection against legal liability, schools should take specific steps to prevent problems.…

Analysis of tax treatment of tuition prepayment plans suggests that they expose parents and institutions to serious risks and cannot be expected to provide a useful form of insurance. The only two published rulings subject investors to harsh tax treatment and address only one controversial form of prepayment plan. (MSE)

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…