Discusses the increasing number of legal challenges to high-stakes testing, which can potentially impact developmental education programs nationally. Analyzes challenges to the tests in four states, and suggests that the No Child Left Behind Act (NCLB) may lead to lawsuits if a child has not received an appropriate education. (Contains 15…

Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

Analyzes the California Supreme Court case "Randi W. v. Muroc Joint Unified School District." The court determined that letters of recommendation, which had omitted mentioning allegations of improper sexual conduct with students, were deceptively incomplete. Writers of letters have three choices: refuse to write a letter, write a fully…

Argues that Native American tribes encounter major legal problems in the practice of traditional religions due to differences between Native and Anglo American worldviews. Examines the ideology of civilization underlying values in American jurisprudence, foundations of American Indian law, and relevant constitutional law. Contains over 200…

Procedural due process issues concerning the suspension or dismissal of medical and dental residents are outlined, and related court litigation is discussed. It is concluded that courts generally follow the faculty due process model. (Author/MSE)

The context in which higher education admissions tests are used, both intended, validated uses and misuses, are examined. Possible legal problems of misuse are discussed in light of a recent court decision, Sharif v. New York State Education Department. Focus is on three tests: the Scholastic Assessment Test, Graduate Record Examinations, and the…

This paper argues that natural justice principles animating English procedural law and due process jurisprudence playing the same role in American law should be interpreted to protect the intrinsic values associated with fair disciplinary hearing. This approach demands that college students facing expulsion or suspension be afforded an impartial…

A university president finds regulations keeping student athletes in revenue sports from receiving compensation are unrealistic and unfair, amounting to a restriction that is not applied in other disciplines. He suggests that providing scholarships to athletes implicitly acknowledges that they are semiprofessionals; if they really were amateurs,…

A university president and cochair of the Knight Foundation Commission on Intercollegiate Athletics looks at recent efforts to reform and renew college sports, the effects of those efforts, and directions for the future. Another president and chair of the National Collegiate Athletic Association's presidents' commission offers their perspective on…

Argues that private providers of services for handicapped children have to deal with due process under the color of state law and, since federal funds are involved, due process under the Fifth Amendment. Such laws involve parental approval of their child's education and allow use of the federal courts to settle grievances. A legal analysis is…

Complex HIV and AIDS related legal issues confronting mental health professionals are addressed, specifically: living will, statutes, durable power of attorney, durable power of attorney for health care, rational suicide, euthanasia, workplace discrimination, and laws affecting minors. (JBJ)

A technique to teach the drafting of contracts in legal education is offered. Two form contracts, for real estate sale and purchase, are compared to illustrate the need for careful drafting of contracts. Examination of provisions for repair and maintenance reveals potentially significant differences in language usage. (MSE)

The court decision in Bishop vs. Aronov, that public universities may suppress a professor's classroom comments on his personal religious beliefs, is discussed, focusing on the conflict between a professor's right to express personal religious beliefs and a university's right to take action to limit that expression. (Author/MSE)

School boards should not interfere with student newspapers, beyond disciplining libelous journalists fairly. Instead of censoring articles, school boards and administrators should allow student journalists to make mistakes and pay later. If a lawsuit results from an irresponsible article, the school pays only if it controls. Rebecca Jones's…

College fund-raising situations in which prospective male donors make inappropriate sexual advances to female development officers are considered. Coping strategies, prevention, the supervisor's role, and development of institutional policy and policy statements are discussed. (MSE)