The case discussed concerns a student dismissed from a state university for disseminating an underground newspaper which the university labelled as indecent. Violation of First Amendment rights are discussed. (PG)

Several factors should be considered by attorneys representing school boards faced with the need for administrative hearings concerning the education of a handicapped child. Attorneys should try first to resolve the problem without resort to the formality of a hearing. If a hearing is necessary, the issues should be determined; a hearing examiner…

Urban Indians, especially the new migrants, are extremely vulnerable to exploitation by merchants, landlords, and employers. This type of exploitation which is seldom investigated, is the primary focus of this paper. (Author/AM)

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

University officials and faculty are frequently required to make decisions based on interpretations of disputed facts. By applying the concept of due process within the context of higher education, they can meet legal challenges of contract and constitutional law and the pedagogical demand for justice. To guide their efforts, decision makers can…

In the past the durational residence requirement in colleges and universities has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. The durational residence requirement in this case displays a further fourteenth amendment vulnerability--the contravention of procedural due process. (Author/PG)

The struggle for the preservation of amateurism and the rights of student-athletes are discussed. Pressures for reform have come from within the NCAA and from a congressional investigation. Issues discussed include: the sports marketplace, reform and the NCAA, a bill of rights for student athletes, and future directions. (MLW)

In Tarasoff v. Regents of the University of California the court ruled that a psychotherapist is obliged to warn third persons of threats made against them during therapy. Substantive background of this legislation; the nature of the psychotherapeutic relationship, confidentiality, and patients' rights; and the Lanterman-Petris-Short Act are…

The first amendment, privacy, and due process rights of public employees are reviewed and many legal uncertainties and their effect on the public employees are noted. Special emphasis is on the first amendment and due process, since these are areas where the most challenges have taken place. (LBH)

Explores some legal issues and principles relevant to university administrators' decision-making processes, focusing on three areas: discretion (i.e., level at which a decision is made); procedural fairness (when it is required, what it applies to, rules, and biases); and review of decisions. Emphasis is on the Australian context. (MSE)

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

A University of Virginia student has successfully challenged his expulsion, which was based on an accusation of cheating on a test. The student claimed his initial trial was unfair and that he was poorly represented. Some feel the university's honor system has been compromised. (MSE)

Generally, support employees can be discharged only for statutorily created reasons, including incompetence, insubordination, immorality, and "good cause." School officials must know employees' rights under due-process and collective-bargaining rules and use objective evaluation criteria to avoid litigation and remedies for wrongful…

Analyzes the validity of parietal rules under both the due process and equal protection clauses of the Fourteenth Amendment. Models of substantive due process and equal protection are developed and applied to the various types of parietal rules that have been implemented at universities throughout the nation. (Author/JT)

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…