Considers how civil law might treat claims of defamation arising from computer newsgroup postings. Concludes that newsgroup postings will probably be treated as a hybrid of print and broadcast media, and that newsgroup users will vigorously and aggressively protect freedoms of speech and press. While traditional defenses to defamation charges will…

Over a hundred scholars, lawyers, researchers, advocates, college admissions and financial aid officers, and students met at Harvard University (Massachusetts) to explore how under-represented groups can be included in higher education in an anti-affirmative action climate. The conference is the third in a think-tank series on civil rights issues.…

Addresses the legal interface between the privatization of school services and the politics of urban education. Considers the political forces both outside and within education, as well as the problem of privatization contracting undertaken without considering the legal ramifications. Offers suggestions for education leaders who may wish to…

Self-regulation of agencies administering professional licensing and certification tests is questioned on social and legal grounds. Topics include test validity concerns of applicants, extension of "truth in testing" legislation, explicitness of standards, and whether construct validity should be the primary requirement for selecting a…

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)

The University of California's experience in examining its own policies with regard to students and employees with Acquired Immune Deficiency Syndrome (AIDS) is described, related litigation is reviewed, ten principles for analyzing policy and procedure are recommended, and 10 principles are applied to specific factual situations. (MSE)

Reviews history and application of Title VII of the Civil Rights Act of 1964 to argue that adverse impact definition of test discrimination embodied in unanimous 1971 Supreme Court decision in Griggs versus Duke Power Company and its progeny is the product of successful advocacy of unelected bureaucrats rather than a product of public…

Removal of tenured college faculty can be a lengthy, expensive, and divisive process sometimes resulting in lawsuits. Institutions are examining what constitutes improper or unethical faculty behavior, appropriate cause for dismissal under tenure, and fair procedures for considering termination. Cases at Rutgers University (New Jersey) and the…

As administrators contemplate installing metal detectors, different legal issues must be considered. Five lessons learned from past litigation are listed to aid administrators in their decision. A sample policy outline concerning weapons and metal detectors is provided. (KDP)

Advice is offered for making the children of alumni welcome at campus events and reunions, illustrated with the experiences of several colleges. Suggestions include cooperating with the campus legal office concerning risk and liability of child care, using community facilities that cater to children, starting small and expanding with success, and…

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…

Summarizes the content of the federal constitution and various state constitutions regarding freedom of the press. Examines certain borderline issues, including actions and expressions, pornography, defamation, libel, and copyrighted material. States that regulation of unprotected material must be reasonable, specific, and clear. Discusses what…

This article presents the case of a seven-year-old autistic child who, with the use of facilitated communication, appeared to report being sexually abused. Assessment activities of the Hennepin County (Minnesota) Child Protection Agency are recounted. The article concludes that such charges made with facilitated communication should not be…

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…

Educators and librarians are concerned that, if fair use principles for copyright of electronic data are not resolved soon, traditional scholarly and educational communication will be seriously disrupted. The Clinton Administration's Working Group on Intellectual Property Rights has been searching for common ground with copyright owners in an…