GENERAL LEGAL DEVELOPMENTS

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
   
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
   
   
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