As the world enters the 21st century, the access to information and freedom of speech provided by the Internet and other digital technologies have revolutionized the nature of censorship challenges and opened an entirely new realm of legal and social ramifications for censorship in United States schools. In the midst of this digital revolution,…

Administrators, attorneys, and graduate students who are interested in law and education or in research methods will find this book useful. Rarely do researchers combine several methods for examining legal issues in education from multiple perspectives. Here four authors offer four different research methods that can be used in combination. Each…

The volume is an expanded and revised edition of informal teaching materials designed for instructional use by both teachers and learners, and is intended to accompany the 1995 text, "The Law of Higher Education: A Comprehensive Guide to Legal Implications of Administrative Decision Making Third Edition" (ED 383 256). The supplement's purpose is…

Documents in the ERIC databases are listed that deal with legal issues which might affect teacher education institutions, their students, or their faculty. Trends toward stricter state mandates for certification, higher graduation requirements for education majors, attention to the rights of students and teachers, teacher liability, and educating…

Efforts to desegregate public higher education have embodied two concerns: the need to overturn legally imposed segregation and the need to maximize educational opportunities. How lawyers and educators have brought their unique perspectives to bear on three issues is examined. (Author/MLW)

Investigates the implications of recent court litigation with respect to the establishment of tribal identity for the Mississippi Choctaw. Describes the tribe's current confusing status and the complex legal, economic, and other social issues confronting its people. (SB)

The principal legal relationships that a public institution of higher education encounters in connection with its athletics programs include its relationships to student athletes, to athletic regulatory associations, and to the federal government. Court characterizations of these relationships and their implications are reviewed. (JMD)

Desegregation efforts and litigation, including the Bakke case, are discussed in terms of their conflicting effects on the existence of predominately Black colleges. It is suggested that federal actions and legal decisions may in fact threaten the survival of Black institutions. (JMF)

The judicial interpretations of age as a bona fide occupational qualification (BFOQ) under the Age Discrimination in Employment Act of 1967 are examined. The applications, extension, and results of these interpretations, and alternate approaches to BFOQ analysis in age discrimination cases are discussed. (BH)

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

Reports an analysis of content in 40 property law courses, comparing coverage reflected in the syllabi with coverage reflected in a 1976 survey of property teachers, including these topics: adverse possession; estates and future interests; concurrent estates; landlord-tenant law; real estate transactions; easements, covenants, and equitable…

Although a casual analysis might suggest that a faculty member cannot afford a two-term sabbatical leave, factors affecting income loss from sabbaticals have changed. These include an increase in the number of two-income households, general increases in salary levels, and substantial revisions in federal tax law. Income loss from sabbaticals,…

Legal and ethical issues involved in the balance between concern over school violence and regard for the individual rights of students are explored. Several Canadian cases involving duty of care, the 1995 amendment to the Young Offenders Act, and the confidentiality of student records are reviewed. Confidentiality guidelines are proposed. (SLD)

As the battle over college and university tax-exempt status escalates, institutional public relations officers are offered advice for making their case for tax-exemption without alienating the community, including: getting facts straight; communicating internally first; going to the source of criticism; illustrating economic and nonmonetary…

Focuses on recent First Amendment case law and proposed legislation that has shaped and will continue to influence judicial affairs. (KW)