Noting that counselors are seldom able to give legal advice or information to counselors, the author discusses those parts of the federal and state constitutions that deal with due process along with court cases that define and interpret the legal rights of students in this regard. (RP)

Describes two court cases, one that considers the consequences when an employee misrepresents his authority or fails to submit to reasonable rules, regulations, or requirements. Includes comments on the responsibility of supervisors in evaluating subordinates. The second case suggests the courts will support a board in its efforts to require…

In Simon v. Eastern Kentucky Welfare Rights Organization the Supreme Court concluded that several low-income individuals and organizations representing them lacked standing to maintain a class action challenging the validity of a revenue ruling by the Internal Revenue Service. The impact of this case is discussed along with an alternative course.…

Although constitutional limits usually apply only to public institutions, contract law applies to both public and private institutions. By assuming that institutions will be held accountable for all official statements and that public institutions need an informal process ready for certain situations, schools can garner some legal protection.…

Most courts have flexibly interpreted the constitutional requirement of procedural and substantive due process in favor of zero-tolerance expulsion decisions. While being sensitive to community intolerance for threats to school safety (student possession of guns or drugs), school leaders should modulate development and enforcement of expulsion…

Discusses the implications of a case accepted for review by the U.S. Supreme Court. (MLF)

Reported are 22 new cases and provided is information on 27 previously reported cases related to mental retardation and the law. Cases are grouped according to 10 topics (sample cases in parentheses): classification; confidentiality/access to records; commitment; criminal law (O'Brien v. Superior Court); education (California Association for…

The document is a report on the adequacy of existing procedures for resolving disputes arising out of consumer transactions. It is primarily concerned with problems of the consumer who receives defective goods or services and so suffers economic loss. Focusing on four types of dispute resolution, the document presents its findings and…

An alarming aspect of the dramatic change in the relationship between a university and its constituents is the increasing number of court cases challenging traditionally academic decisions. The filing of these cases seems to suggest that judicial processes can be substituted for academic ones. Although many courts have recognized the distinctive…

Suggests laboratory instructors preserve the necessary evidence after an incident in classroom. Included is a checklist for gathering evidence that trial lawyers will need to present defense adequately. (CC)

Author reviews court decisions that affect the schools. (Editor/CB)

Presents a brief overview of visual and broadcast coverage of American courtrooms from 1935 to 1981; examines "Estes v. Texas," which effectively banned visual and broadcast coverage of the courts as a violation of due process; and examines "Chandler v. Florida" to determine the current status of such coverage. (FL)

Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…