An update on legal aspects of drug testing in the workplace looks at pre-employment screening, reasonable suspicion testing, routine testing in periodic physical examinations, random testing, and unionized employers. Practical guidelines are given for minimizing obtrusiveness, confirmatory tests, laboratory selection, notification of policy,…

A study of 110 first-year University of Virginia medical students taking a required course in medical ethics found that the curriculum had little effect on student attitudes toward certain ethical questions or on their factual knowledge regarding particular ethical and legal issues. (Author/MSE)

A federal court decision, Podberesky vs. Kirwin, in which a University of Maryland scholarship program targeting African American students was found to be racially discriminatory is a cause for concern because of heightened federal pressure to desegregate colleges and because of its possible implications for other state universities. (MSE)

This paper argues that in the debate over medical ethics and its role in medical education, the divergence of law and reality reflects the law's flawed medical model, which poorly matches the dynamic of the physician-patient relationship and attempts ineffectually to reshape it, and also medicine's autonomous professional culture, which…

Legal and educational aspects of the debate over religious expression entering the college classroom are examined, particularly as they relate to inclusion of creationism into science instruction. It is concluded that the central question is not whether creationism is religious, but whether it is true, and that truth benefits from open debate over…

Court litigation in which the claim (to the Equal Employment Opportunity Commission) that a faculty collective bargaining agreement violated the Age Discrimination in Employment Act is examined. Focus is on arbitration of wrongful termination cases. Conflicting judicial rationales applied in two cases are discussed, and a practical solution is…

Instances in which federal patent or copyright law may be too rigid or limited to protect university research are discussed, and the applicability of trade-secrets law is assessed, particularly under the Freedom of Information Act. Differential treatment of trade secrets under state laws is considered. (MSE)

A university administrator and the cochair of the President's Council on Physical Fitness discuss how sports and academics should be integrated at the college level. The first looks at issues of academic standards and athletes and the role of the Knight Foundation Commission. The second offers the perspective of a member of the Knight Foundation…

Perspectives on Title IX of the 1972 Education Amendments concerning gender equity in college sports, include those of a National Collegiate Athletic Association (NCAA) administrator and a women's law attorney. The first looks at the law's provisions, NCAA's role, and related challenges facing institutions. The second focuses on continuing gender…

Maintains that academia has not escaped the litigious nature of the current U.S. social climate. Cites pivotal U.S. Supreme Court cases on academic judgment and reviews lower court cases where students challenged their assigned grades. Provides suggestions for lessening the likelihood of litigation. (CFR)

Describes how differences in wealth translate into differences in revenues and educational programs. Describes how poor school districts use new state aid that has come about from court decisions requiring new state funding systems, finding that poor school districts seem to act responsibly with these funds. (SR)

A discussion of legal aspects of college faculty efforts to profit from their research activities considers whether judicially acknowledged distinctions between faculty's academic and personal pursuits will apply in such cases of commercialization. Implications for increased regulation of core institutional and faculty activities are examined.…

The U.S. Supreme Court decision that it is unconstitutional for public entities to ban specific kinds of "fighting words" without banning all such speech is discussed as it concerns institutions of higher education. It is viewed that the college campus, not the cities, is where this decision will be tested. (GLR)

A carefully structured process for campus administrative decision making concerning hate speech is proposed and suggestions for implementation are offered. In addition, criteria for evaluating hate speech processes are outlined, and First Amendment principles circumscribing the institution's discretion to regulate hate speech are discussed.…

Summarizes research from Ph.D. dissertations that indicates that schools with a written policy on the selection and reconsideration of library materials are more successful in retaining questioned materials. Highlights include legal aspects of censorship; censorship attempts by community members, teachers, and librarians; and prospects for future…