|
Important developments in the law relating to colleges and universities occur frequently. New legislation, court decisions, and administrative rulings must be monitored for their impact on the campus. The Office of Counsel endeavors to keep the University informed about these matters, and as one means of doing this, analyses of some recent developments prepared by the Office of Counsel are being made available to the campus community through this Website. Access may be obtained by clicking on the topics listed below.
|
|
Topics
|
Date |
|
|
| Fitness for Duty Evaluation Does Not Violate ADA |
August 2013 |
| Discrimination Based Upon Religion |
August 2013 |
| Assignment to Vacant Position Under the ADA |
May 2013 |
| Enforcement of State Authorization Requirements Delayed Again |
May 2013 |
| Laboratory Accident Leads to Criminal Charges |
May 2013 |
| Recent Family and Medical Leave Act Rule Changes Related to Military Status |
April 2013 |
| Tenured Professor Loses Court Appeal of Dismissal |
April 2013 |
| Supreme Court Decides Fourth Amendment Case |
April 2013 |
| Retaliation - An Ongoing Concern |
January 2013 |
| Alabama High Court Reaffirms Immunity Defense |
January 2013 |
| Christmas Gifts May Prove Costly |
November 2012 |
|
|
November 2012 |
|
|
September 2012 |
| Discrimination Charges Continue to Climb |
April 2012 |
| Student Discipline Based on Facebook Postings? |
April 2012 |
| Georgia Student Handbook Is a Contract Between University and Students |
March 2012 |
| "Angry" Professor Loses Free Speech, Defamation Claims |
March 2012 |
| Development Officer Loses Gender Bias Case |
March 2012 |
| Changes to Federal Student Records Privacy Law |
December 2011 |
| Admitting Illegal Aliens Into State Colleges |
December 2011 |
| Due Process Required for Academic Dismissal |
December 2011 |
| Update - Legal Developments Regarding Alabama Immigration Law |
November 2011 |
| Student's Speech and Due Process Rights Claims Fail |
November 2011 |
| Reporting Child Abuse or Neglect |
November 2011 |
| Alabama Supreme Court Upholds Dismissal of Student Dining Dollars Complaint |
October 2011 |
| PACT Plaintiff Cannot Bring Suit |
October 2011 |
| Defamation - Yes or No? |
October 2011 |
| Alabama Enacts Sweeping and Controversial Immigration Law |
July 2011 |
| Nursing Student Complaints Not Protected |
July 2011 |
| Student Loses Challenge to Plagiarism Finding |
July 2011 |
| Eleventh Circuit Upholds University's Speech Policies |
July 20 11 |
| "Cat's Paw" Theory Wins in Supreme Court |
June 2011 |
| Bayh-Dole Act Does Not Automatically Give Universities Patent Rights |
June 2011 |
| How to Generate an Age Discrimination Case |
June 2011 |
| Former Professor Wins Retaliation Suit |
June 2011 |
| Dean Has No Right to Criticize Administration |
March 2011 |
| FLSA "Activity" Increasing |
March 2011 |
| High Court Allows Third-Party Retaliation Claim |
January 2011 |
| Study of Discrimination Lawsuits |
November 2010 |
| Final GINA Regulations Issued |
November 2010 |
| 11th Circuit Rejects Hostile Environment Claim |
November 2010 |
| Disclosure of Student Information Related to Emergencies and Disasters |
October 2010 |
| UA Fraternity Not Liable to Guest for Assault |
October 2010 |
| "Empty Holster" Ban Violates First Amendment |
October 2010 |
| Electronic Privacy in the Workplace: the Quon Decision |
August 2010 |
| Employers Must Accommodate Breastfeeding Mothers |
August 2010 |
| New DOD Guidance on Publication Restrictions |
June 2010 |
| Recent EEOC Discrimination Charge Data |
June 2010 |
| Distance Learning and Jurisdiction Issues |
December 2009 |
| 11th Circuit Addresses Retaliation "Timing" Element |
December 2009 |
| "Sergeant Schultz Response" Not an Option for Supervisors |
December 2009 |
| Private Copy Center Guilty of Copyright Infringment |
December 2009 |
| Administrator Claims Privilege in Defamation Suit |
November 2009 |
| FMLA Amended to Expand Military Based Leave |
November 2009 |
| Oregon Court Rules on Elements of Proper Trespass Warning |
November 2009 |
| Alabama Age Discrimination in Employment Act Prima Facie Case Requirements |
October 2009 |
| Congress Amends the False Claims Act |
July 2009 |
| State Agent Immunity |
May 2009 |
| New Disability Discrimination Legislation |
March 2009 |
| Lilly Ledbetter Fair Pay Act Becomes Law |
March 2009 |
| Federal Court Rejects Finding of Sexual Harassment |
March 2009 |
| Higher Education Opportunity Act |
January 2009 |
| Students' Complaints Protected |
October 2008 |
| Costly Failure to Preserve Electronic Evidence |
October 2008 |
| Unexpected Sources of UBIT |
October 2008 |
| Identify Theft |
June 2008 |
| EEOC Announces 2008 Enforcement Objectives |
June 2008 |
| UA Student Protestors Acquitted |
June 2008 |
| Conflict of Interest Issues in Higher Education in the Spotlight |
April 2008 |
| Teaching Assistant's Retaliation Claim Dismissed |
April 2008 |
| Free Speech Rights of Public Employees Continue to Diminish |
February 2008 |
| FMLA Amended to Support Servicemembers |
February 2008 |
| UAB Defends Discrimination Lawsuit |
December 2007 |
| Immunities Applied in University Lawsuit |
October 2007 |
| Supreme Court Rules on Public Employee's Speech Claim |
August 2007 |
| New EEOC "Caregiver Discrimination" Guidance |
August 2007 |
| Alabama AG Issues "Public Writings" Opinion |
May 2007 |
| Employee Decisions Doom Sex Harassment Claim |
May 2007 |
| Administrators Not Liable for Student's Drug Overdose Death |
March 2007 |
| Eleventh Circuit Court Applies Recent Changes in Sexual Harassment Law |
March 2007 |
| School Contractor Loses on Bid Law Dispute |
March 2007 |
| New Federal Rules Concerning Electronically Stored Information |
December 2006 |
| Implementing Policy by E-Mail Notice Disapproved |
November 2006 |
| Felon Rejected for Social Work Degree Program |
November 2006 |
| Student Suits Against Universities - A Losing Proposition? |
October 2006 |
| Supreme Court Broadens Basis for Retaliation Claim |
June 2006 |
| Restraining Orders |
February 2006 |
| Supreme Court Addresses Race Bias Proof Issue |
February 2006 |
| Workplace Romance Presents Complex Legal Issues |
October 2005 |
| Cancer, the Workplace, and the ADA |
October 2005 |
| Troy State Officials Protected by Qualified Immunity |
July 2005 |
| Constitution Day Commemoration Requirement |
July 2005 |
| High Court Expands Patent Infringement Exemption |
July 2005 |
| Universities Can Be Sued by Students for Violations of the ADA |
June 2005 |
| Supreme Court Recognizes Title IX Retaliation Claim |
June 2005 |
| "Unintentional Discrimination" Claim in Age Cases |
June 2005 |
| CREATE ACT Allows Collaborative Patents |
February 2005 |
| University of Phoenix Docked for Unpaid Overtime |
February 2005 |
| Patent Forfeiture to U.S. Government Upheld |
February 2005 |
| Effort Reporting: The New Federal Target? |
November 2004 |
| The FMLA and a "Pre-Eligibility" Leave Request |
August 2004 |
| Online Course Pack Copyright Case Settled |
August 2004 |
| Attorney General Strengthens ACHE's Hand |
March 2004 |
| Training Can Be a Valuable Defense |
December 2003 |
| Protection of a Faculty Member's Interest in Class Lectures |
December 2003 |
| Designating Absences as FMLA Leave |
December 2003 |
| Legal and Practical Implications of the Use of E-Mail |
September 2003 |
| Use of Student Evaluations in Tenure Decision Upheld |
September 2003 |
| Supreme Court Upholds Limited Role for Affirmative Action in Admissions |
August 2003 |
| OCR Clarifies Athletics Title IX Compliance |
August 2003 |
| Safeguarding of Personal Financial Information by Higher Education |
May 2003 |
| Export Control Laws in the University Setting |
March 2003 |
| Language in Handbook Saves the Day |
January 2003 |
| Recalcitrant Faculty Member Dooms College |
January 2003 |
| EEOC Using Mediation to Reduce Case Backlog |
January 2003 |
| New Law Addresses Copyrights and Distance Learning |
November 2002 |
| Dismissal of Researcher Upheld |
November 2002 |
| UAB Instructor Loses Jurisdictional Battle in Libel Suit |
September 2002 |
| Federal Student Records Law in the Courts |
July 2002 |
| Rights in Theses and Dissertations: Facts and Fallacies |
July 2002 |
| Fraternity Adviser May Be Liable for Hazing Injuries |
July 2002 |
| Change in Sex Offender Registration Law Affects Universities |
May 2002 |
| Vulgar Language in the Classroom Not Protected |
May 2002 |
| Viewing of Videotaped Motion Pictures in the Classroom and Library |
March 2002 |
| Uniformed Services Employment Rights |
September 2001 |
| First Amendment Does Not Protect Grading Decisions |
July 2001 |
| Notarization of Documents |
May 2001 |
| Cautions Regarding Telephone Taping |
May 2001 |
| Liabilities for Hazing Activities |
May 2001 |
| Reference Input Helps Sustain Challenged Hire |
February 2001 |
| Court Upholds Universities Right to Control Grades |
February 2001 |
| Use of Social Security Numbers as I.D. Numbers by State Universities |
January 2001 |
| Campus Safety Act Update |
November 2000 |
| "Directory Information" and Student Assistants |
November 2000 |
| Affirmative Action: An Idea Whose Time Has Passed? |
November 2000 |
| Alabama Supreme Court Retreats From Immunity |
July 2000 |
| Investigation of Complaint Not Invasion of Privacy |
July 2000 |
| Court Upholds Bid Law Award |
July 2000 |
| University Has Right to Control "Fraternal Warfare" |
April 2000 |
