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…

Questions assumptions by Schoenfeld and Zirkel in a study reviewing gender discrimination cases against institutions of higher education. Critiques the methodology used in that study, cautions about the overall utility of "outcomes analysis," and reports more promising routes of empirical legal research. (15 references) (MLF)

Examines the application of antitrust law to National Collegiate Athletic Association (NCAA) rules and regulations through an analysis of the Tenth Circuit's decision in "Law v. National Collegiate Athletic Association." Suggests that the "Law" decision provides a useful framework for the analysis of future antitrust challenges…

A primary rule for implementing the collective bargaining grievance process in higher education is to settle early and at the lowest possible level. To achieve this or to prevent grievances, clear contract language, a contract administrator, and a "two-one-one" grievance structure should be adopted. (Author/JMD)

An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

Answers to questions about institutional obligations under Sections 503 and 504 of the Rehabilitation Act of 1973 illustrate the legal issues that may confront college administrators as they make efforts to comply. Topics include: institutions that are covered, individuals who are protected, reasonable accommodation, affirmative action, and legal…

Government regulation of recombinant DNA research is addressed. Issues discussed include the potential of such research; National Institutes of Health guidelines; federal, state, and local regulation; the controversy over self-regulation; first amendment protection for scientific research; and problems in drafting legislation. (JMD)

Law review and journal articles on sexual harassment in higher education are presented along with policies and procedures from selected universities and organizations, guidance on drafting policies, and a selected bibliography. The following law review and journal articles are presented: "Recent Legal Developments in Sexual Harassment"…

The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

In the current implementation of the Federal Direct Student Loan Program, there are lessons to be learned from past higher education loan programs, better ways to administer these programs and direct loans, and points to remember as direct loans are implemented. Current guaranteed student loan programs have been the subject of scrutiny recently…

Reviews specific problems associated with software protection (copyright license, trade secret license), clauses in software license agreements that most frequently cause difficulties, and solutions university administrators and software industry should consider. Topics include confidentiality, restrictive use of modifications, use on single…

Discusses issues relating to intellectual property rights that are being affected by information technologies. A 1986 study by the Office of Technology Assessment (OTA) is discussed; intellectual property law is described, including copyright, patents, and trade secrets; and the involvement of the university community in considering intellectual…

Federal regulations regarding the handicapped pose problems for recipients of federal aid, but higher education's reactions have been more positive than negative. The principle problems seem to be compliance costs, the need for interpretation of the regulations, and difficulties in the areas of admissions and academic requirements. (Author/JMD)

Federal regulations regarding access to higher education for the handicapped are considered in the absence of definitive guidance from the government. Topics include: physical accessibility, recruitment activities, admissions tests, financial aid, off-campus housing, and student health insurance. (Author/JMD)

Problems of faculty unionization cases stemming from the application of laws and doctrines developed for industrial labor situations to an academic setting and findings of the National Labor Relations Board (NLRB) are discussed. It is suggested that NLRB jurisdiction depends on definition of the role of the faculty. (BH)