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,…

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination in education (The United States Department of Justice, n.d.). Although Title IX was enacted over 45 years ago, college athletic departments remain non-compliant with the law (U.S. Department of Education, Office for Civil Rights, 2016; Women's Law…

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)

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)

The issue of whether the Civil Rights Act of 1991 applies to both discrimination cases pending on appeal and conduct occurring before its date of enactment is discussed, particularly as it affects higher education institutions. The case against retroactive application of the legislation is examined through legislative history and appellate…

New federal laws and regulations, particularly non-discrimination rules, concerning welfare plans, fringe benefits, and tax-sheltered annuities are examined, and new law and regulatory developments concerning pensions are highlighted. (MSE)

The Tax Reform Act of 1986 and subsequent legislation have radically altered the rules needed to maintain favorable tax status of tax-sheltered annuity plans for college employees. Application of the new rules is complex. Critical questions facing institutions and organizations are answered, and potential liabilities facing educational employers…

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

An attorney provides answers to frequently asked questions about the application of copyright law to the work of institutional research, including hard copy and electronic publishing, and its dissemination. Institutional researchers are treated as workers for hire, and the employer or institution is deemed the author and copyright holder;…

Aspects of the new Employee Polygraph Protection Act are discussed, including exemptions, prohibited devices, limitations, exceptions, injury and access requirements, reasonable suspicion, drug industry investigations, procedural requirements, disclosure, basis for discharge, enforcement and remedies, and preemption and existing state laws. (MSE)

Proposed changes to patent law that would seriously affect university research administration are evaluated. These concern changing award of patent rights from the "first person to invent" to "first person to file patent application," establishing exemption from liability for infringement in some cases, and establishing a simplified provisional…

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

Copyright issues are discussed in the context of expanding use of digital media for publication and dissemination of information. Issues reviewed include conflict of academic values and copyright, the challenge of copyright protection for digital works, and the applicable law. Several scenarios illustrate specific legal problems. (MSE)

Effects of the Equal Pay Act of 1963 for college and university employees are reviewed through an examination of trends in court decisions and legal treatment of the issues. It is concluded that case law has been evolutionary, with concepts of "equal,""work," and others not altered drastically by the courts in recent years.…

Discusses provisions of interest to college administrators and faculty in the 1998 Digital Millennium Copyright Act, focusing on two sections: limitations on infringement liability for "service providers," and prohibitions on circumvention of technological-protection measures. Definitions and legal implications are examined, and actions…