This document is an updating supplement to a 1973 volume of the same title and is intended to cover the various aspects of court action effecting higher education, and particularly the faculty and staff for the period 1973-76. The areas discussed include the inception of contracts; due process in nonrenewal of nontenure contracts and probationary…

Judicial responses on disclosure of faculty peer evaluation records in employment discrimination litigation are reviewed, and the competing interests of faculty, plaintiffs, and universities are examined. It is argued that existing mechanisms to protect confidential peer review materials are flawed by not accurately measuring the plaintiff's need…

Urges colleges to develop cost-effective strategies for complying with environmental legislation and protect themselves and their employees from financial liability. Explains the personal liability of school officials for unsafe hazardous waste disposal practices. Reviews environmental laws, impacts of Right to Know legislation, the increase of…

A required fourth-year course integrating the social sciences and humanities into the required clinical medical curriculum at Dartmouth Medical School is intended to prepare students to deal with the social and humanistic issues involved in medical practice, including law, ethics, economics, and social anthropology. (MSE)

Discussed in this article are questions about the context for teacher evaluation that raise such issues as implementation, acceptance, administrative feasibility, and justice. The seven questions address the legal and political context of evaluation, staff or student diversity, teachers' roles, organizational structures, humane evaluation…

Gloria, a first-year principal at Sunflower High School, sighed as she stared at her computer screen. She had been asked to write letters of reference for three teachers who were leaving her school. The first resigned among rumors of misconduct with a student--but before an investigation began. The second was asked to resign after a school…

This monograph provides a comprehensive, concise, and current overview of the law-- specifically, legislation, regulations, and published court/administrative decisions--relating to gifted education for K-12 students. For students whose legal rights are based solely on their gifted status, the law largely boils down to (a) varying state statutes…

Educators and the public are divided over the value of implementing school-uniform policies in the public schools. This digest examines arguments for and against school-uniform policies, identifies legal considerations, and offers guidelines for implementing policies on student dress. Most parents have responded favorably to uniform policies,…

Legal issues in program discontinuance and resulting lawsuits are considered, including liability to the faculty, students, and other constituencies; freedom of speech; due process; contractual obligations; legal defense; and consideration of program alternatives. A list of related resources is appended. (MSE)

Urges community college division heads to be aware of their legal rights and responsibilities and develop policies guaranteeing students' contractual and constitutional rights. Discusses litigation in academic affairs; the need for well-developed syllabi; course, program, and faculty evaluation; liability for negligence; testing and advising…

The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)

Definitive analysis of tribal sovereignty from political, economic, legal, historical, and tribal viewpoints. Discusses the nature and implications of the U.S. government-native American "trust" relationship. Details strategies for gaining greater economic return on tribal resource development. Journal availability: see RC 503 522. (SB)

Federal regulations regarding the handicapped pose problems for recipients of federal aid, but higher education's reactions have been more positive than negative. The principle problems seem to be compliance costs, the need for interpretation of the regulations, and difficulties in the areas of admissions and academic requirements. (Author/JMD)

Discusses how the federal Fair Labor Standard Act (FLSA) affects the wages and work hours of child care employees and how FLSA interacts with analogous state laws. Examines how child care centers can determine whether FLSA regulations apply to them, existing exemptions to the current act, minimum wage and overtime, whether training time is working…

Discrepancies between court and professional association views of licensing examinations are discussed. Litigation associated with Title VII of the Civil Rights Act of 1964 and constitutional law is considered. Courts should examine professional standards and apply those that are consistent with the court's determination of the proper…