Examines recent court cases to see how they have affected the direction and purpose of the university. The author finds that the courts are protecting rather than threatening the autonomy of universities. (JF)

In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (IRT)

The "Bakke" case is examined for what it has to say regarding first the area of equal protection, then the idea of procedural fairness as distinct from accuracy of result, and finally the notion of structural justice. Available from Harvard Law Review, Harvard Law Review Association, Gannett House, Cambridge, Massachusetts 02138; sc…

This document addresses the question of students being put into a position of double jeopardy--if they commit a civil offense, they are subject not only to trial by the public courts but are also subject to punishment by their educational institution. As a general rule, colleges and universities should not prosecute students for acts subject to…

Court litigation involving the National Association of Intercollegiate Athletics' transfer rule denied procedural due process to a student declared ineligible, assuming that the privilege of competing is not a property right. Students' interest in the system is not adequately protected, and ways must be found to ensure this minimal protection.…

This article is concerned with the constitutional guarantee of equal educational opportunity and describes the federal statutes that form the core of a growing body of civil rights legislation on behalf of handicapped people's rights to appropriate and equal education. Available from Idaho Law Review, College of Law, University of Idaho, Moscow,…

Reexamines the common law precedent on student expulsions and suspensions and seeks to formulate a comprehensive doctrinal basis for common law judicial intervention that will realistically protect the rights of public and private university students alike. (Author)

Three unresolved affirmative action admissions problems are examined: the role of students in admissions decisions, the validity of racial quotas, and to what extent applicants are entitled to due process protection of the fourteenth ammendment. Included is a synopsis of DeFunis v. Odegaard, which upheld a reverse discrimination claim. (JT)

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)

Discusses the laws involving duration and domicile laws defining noncitizen's status in relation to residency requirements in education. Considers the extension of the "Plyler vs. Doe" decision to higher education. Reviews some state statutes for "Plyler-like" situations and finds many state practices to be unconstitutional.…

Considers the utility of the due process clause as a basis for challenging policies of educational finance that result in variations in per pupil revenues. (WD)

Office of Education regulations upon which "need" analysis for federal student financial aid subsidies is based are presented and analyzed and the legal issues discussed. It is concluded that legal analysis tends to support the constitutionality of the guidelines. Recommendations are made that would provide flexibility within the guidelines. (JT)

The constitutional basis for laws concerning rights of the handicapped lies in the Fourteenth Amendment's equal protection and due process clauses. Recent litigation has been based on Section 504 of the 1973 Rehabilitation Act, P.L. 94-142. Significant court decisions affecting education have been handed down in five areas. Regarding right to free…

Constitutional issues addressed in the Supreme Court's decision are reviewed. The opinions rendered by Justice Powell are viewed as reflections of the weakness of recent equal protection theory, and as signs of future doctrine. (GC)

Discusses how legal issues impinge upon teacher competency testing, describing key legal provisions (antitrust protection, due process, equal protection, substantial adverse impact, and business necessity), and examining each one's impact on testing and teacher certification. Recommendations to help teacher educators ensure legal, credible, and…