Articles
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27 |
Summer 1997
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NUMBER
1 |
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Guardianship Folly: The Misgovernment of Parens Patriae and the Forecast of Its Crumbling Linkage to Unprotected Older Americans in the Twenty-First Century -- A March of Folly? Or Just a Mask of Virtual Reality?
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A. Frank Johns |
| In this Article, A. Frank Johns chronicles misgovernment of guardianship and the parens patriae doctrine applied by the collective governments of Greece, Rome, England, and America. Focusing primarily on unmet needs of older Americans, and noting historically consistent breakdowns in the judicial administration of guardianships and conservatorships, John analogizes the effort to a march of folly. Analyzing several decades of empirical research and studying legal changes, he determines that a mask of virtual reality hides the true result. Unless the mask is removed, allowing work in practical reality to create a successful guardianship system that will not only sustain autonomy and individual rights, but also provide alternatives, Johns predicted disaster for the massive twenty-first century elder generation. |
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Turning Off the Power on Employees: Using Employees' Surreptitious Tape-Recordings and E-Mail Intrusions in Pursuit of Employer Rights
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Burton Kainen, Shel D. Myers |
| Employers have long been sanctioned for intrusions on employee privacy, while the law has been less concerned with clandestine investigations by employees. More recently, however, employees have found themselves answering allegations of wrongdoing, as courts have increasingly scrutinized employees’ secret tape recordings, wiretapping, e-mail interceptions, and other improper intrusions upon employer communications. This Article considers the often harsh consequences for employees who infringe upon their employers’ privacy. Authors Burton Kainen and Shel D. Myers conclude that employers now have a valuable tool to use in defending against claims of employer wrongdoing. |
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Higher Education and Disabilities: Trends and Developments
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Laura F. Rothstein |
| Professor Rothstein discusses recent cases and activity in disability law that affect schools and universities. She considers the effects of learning disabilities on policies for admission and readmission, and on accommodations for enrolled students; the controversy over who should be responsible for paying for auxiliary aids and services needed by students with disabilities; the attention given to architectural barriers that may prevent members of the public from having access to events; the problems that mental and substance abuse impairments may raise; the concerns that eligibility requirements may raise for student athletes with learning and physical disabilities; the question of what accommodations must be made for students with physical disabilities in training health care professionals; and the issues that particularly affect faculty members with disabilities. Professor Rothstein concludes with recommendations designed to prepare university personnel to deal with issues disability law raises in higher education. |
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The Eleventh Amendment Revisited: Implications of Recent Supreme Court Interpretations on the Immunity of Public Colleges and Universities
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Joseph Beckham |
| This Article discusses the implications of the United States Supreme Court’s recent decisions dealing with Eleventh Amendment immunity as they relate to public colleges and universities. Professor Breckham examines a series of cases culminating with Seminole Tribe of Florida v. Florida, applying the evolving arm of the state doctrine to public colleges and universities. On many occasions, public universities through this doctrine have challenged Congress’s ability to promulgate legislation which could usurp the state sovereign immunity guaranteed under the Eleventh Amendment. Beckham asserts that the federal courts must now review the legislative history as well as the legislation that Congress promulgates to determine that applicability for universities that act as part of the arm of the state. This change, Beckham states, will cause conflicting interpretations among the lower courts. |
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Civility and Student Life
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Gary Pavela |
| Professor Pavela examines the standards of civility and good manners on college campuses and in the academic community. Civility and the structures of communication are essential elements of humanity that develop a person’s social nature and allow him to search for the truth. The Author proposes a series of suggestions that educators may use to promote better student values on college campuses. Through these proposals, Pavela asserts, civility can be fostered in college community. |
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The Practice and Profession of Higher Education Law
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Peter H. Ruger |
| Professor Ruger considers the changes that have taken place in the needs for, and activities of, university counsel as the social, legal, and regulatory climate facing colleges has changed in recent decades. He discusses the history, structure, purpose, services, and publications of the National Association of College and University Attorneys. He makes predictions about what legal issues will face institutions of higher learning in the future. |
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The Legalization of the Student/Institutional Relationship in the Second Half of the Twentieth Century
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E.T. "Joe" Buchanan, III |
| Dr. Buchanan examines the evolution of the relationship between student and institution. Highlighting historical developments during the last half-century, the Article discusses admissions, student discipline, free speech and anti-war movements, non-age disabilities, the Higher Education Act, religion, politics, race and gender discrimination, and affirmative action. From a personal perspective, Dr. Buchanan traces the legalization of the relationship between student and institution from his freshman year at Duke University through his current position as Provost of Tidewater Community College, Virginia Beach Campus. |
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Florida's Environmental Self-Audit Legislation: An Incentive for the Environmentally-Conscientious Business or an Opportunity for the Corporate Polluter to Suppress the Truth?
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Lynn Holdsworth |
| This Comment examines the controversy surrounding environmental self-audit privilege and immunity legislation introduced to the Florida House and Senate over the past three years. Holdsworth provides an overview of Florida’s bills, as well as similar legislative initiatives throughout the country. She also reviews state and federal environmental agencies’ responses to the legislation. Additionally, she explores possible underlying motives fueling proponents of the Florida self-audit bills, examining past and present industrial legislative efforts that have and may continue to reduce exposure to environmental litigation for Florida’s businesses. Holdsworth concludes that while environmental self-auditing may be a useful tool for the environmentally-conscientious company, to many loopholes still remain in Florida’s legislation that could enable corporate polluters to conceal from the public valuable information pertaining to environmental violations. |
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Brown v. Pro Football, Inc.: At the Intersection of Antitrust and Labor Law, Supreme Court's Decision Gives Management the Green Light
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Joseph Covelli |
| This Note critically analyzes the United States Supreme Court’s decision in Brown v. Pro Football, Inc., in which the Supreme Court extended the scope of the nonstatutory labor exemption to the antitrust laws to include multi-employer bargaining units who, after reaching impasse in collective-bargaining negotiations, unilaterally implement the terms of their last, best good-faith offer. The Note discusses the history of antitrust law, as well as the nonstatutory labor exemption, and its continued expansion in the context of professional sports. Covelli concludes that the Supreme Court improperly shifted the balance of power in the collective-bargaining process in favor of management by extending the scope of the nonstatutory labor exemption to those terms previously contained in a collective-bargaining agreement. |
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Note Dead yet: The Future of Single-Sex Education After United States v. Virginia
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Jolee Land |
| In this Note, Land examines the decision in United States v. Virginia and explores that decision’s impact on single-sex education. Specifically, she argues that the United States Supreme Court’s decision, which held that Virginia Military Institute’s male-only admissions policy was unconstitutional, does not impede a state’s ability to offer a single-sex alternative to coeducation. The Note distinguishes between private and public single-sex schools, and single-sex schools at different levels (primary, secondary, and post-secondary) in arguing that single-sex education is not dead after VMI ruling. Land also provides suggestions, based on the majority opinion in United States v. Virginia, about how a state might constitutionally provide for single-sex educational institutions. |
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