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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
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 August 2003 Admissions August 2003
OCR Clarifies Athletics Title IX Compliance August 2003
Safeguarding of Personal Financial Information by Higher Education May 2003 Institutions 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 Affect 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 Uphols University's Right to Control Grades February 2001
Federal Government Imposes Training Requirements on Researchers 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
High Court Rules on Student Fee Issue April 2000
 
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