Using applicable common law and statutory standards, this comment examines from several perspectives the constitutionality of section 86.41 of the Title IX regulations. It is concluded that the alternative to section 86.41 and the entire separate but equal system is to classify by ability rather than by sex. (LBH)

Details the implications for libel suits against the press of the law's distinction between public figures and private individuals. (KS)

Describes the manner in which decisions in the cases of "Gertz" and "Firestone" can clarify some of the basic issues underlying libel law. (KS)

Places the development of the debate over false or recovered memories in its social and historical context. Identifies some of the ethical and legal implications of this area of work for therapists by using the Drama Triangle. Outlines ethical dilemmas for therapists and some of the implications for therapeutic practice. (RJM)

Genuine reforms are impossible without addressing deleterious effects of legally binding mechanisms such as collective bargaining and unionism. An adversarial industrial-labor model will not serve a profession crying for collegiality and collaboration. School finance and desegregation litigation has had limited success in improving schools.…

Examines briefly important concepts in the discipline of students with disabilities. Explains the principles developed through case law, which can provide guidance to administrators struggling with questions regarding the discipline of such students. Notes that the same principles may hold for the student at risk for school failure. (SR)

Shows school business officials how to detect and avoid bid rigging, price fixing, and other types of unlawful collusion prohibited by the Sherman Antitrust Act. School administrators should expand the list of bidders, consolidate purchases as a defensive tactic, consider reletting the contract in tie-bid situations, recognize the elements of…

Explains the process used by boards in reviewing charges of unethical conduct, gives advice regarding actions that accused counselors might take to protect themselves legally and emotionally, and offers preventive steps that should be taken to avoid such charges. Emphasizes that preventing such complaints should remain a priority. (RJM)

E-mail has created friction between school districts' proprietary needs and employees' privacy rights. This article examines e-mail law (constitutional, statutory, and common) and issues (employer monitoring, discover problems, admissibility, and attorney-client privilege) and provides policy guidelines. The 1996 Communications Decency Act,…

A survey form mailed to a random sample of 1,000 superintendents nationwide aimed at determining how much litigation schools are involved in, the nature of those actions, and the results. Negligence is the most common basis for lawsuits followed by employment issues. Three charts summarize the findings. (MLF)

Examines issues of concern to social workers dealing with undocumented aliens: consequences of exclusion of undocumented Mexican immigrants from service delivery systems, the problem of confidentiality, unique stresses faced by immigrants and their families, and development of appropriate intervention strategies. Contains 50 references. (SV)

Reviews the legal concept of "failure to train to standard" from the context of law enforcement. Responsibility for training is discussed, case examples and examples of monetary judgments are given, and recommendations for preventing and limiting liability for failure to train to standard are presented. (16 references) (LRW)

Recent Title IX lawsuits have highlighted colleges' and universities' vulnerability to claims of gender discrimination in intercollegiate athletics. Middle and secondary schools are equally vulnerable. Gender equity encompasses accommodation of athletic interests, funding, equipment and supplies, scheduling, coaching opportunities, coach salaries…

The Internal Revenue Service has begun to question more seriously the accounting methods used by universities to determine unrelated business income tax (UBIT). Current and future impact of the UBIT are discussed, and a method of calculating the tax is detailed. (Author/MSE)

Examination of a dispute between two specialists in wine reveals a fundamental difference in the professional perspectives of an economist and a legal expert. (MSE)