Narrowing limits of administrative discretion

Abstract

With the close of the 1978-79 Supreme Court term, college and university administrators once again were reminded of the role of the judiciary in the latitude of campus decision makers. Rulings as diverse as private rights of action under Title IX, physical qualifications for admission under Section 504 of the Rehabilitation Act of 1973, and affirmative action, programs, indicated the extent to which major and often minor decisions must be made subject to an increasingly visible judicial system. Interests of courts in constitutional and statutory rights of employees, when viewed in the perspective of the past fifteen years, evidences a narrowing range of jurisdiction for administrative decisions not likely to result in successful litigation.