On this page, the Office of the General Counsel is pleased to provide information on legal topics of particular interest to The University of Arizona community. Please keep in mind that these materials are provided for general information, and not as legal advice to answer specific questions. If you require legal assistance, please review our Obtain Legal Services section.
Affirmative Action is a pressing issue for institutions of higher education. The Office of the General Counsel is responsible for advising University departments, units, and administrators on the interpretation and application of affirmative action law. Contained in this section are several key papers addressing affirmative action in matters such as admissions and financial aid in light of recent Supreme Court decisions.
Understanding the United States Supreme Court's Affirmative Action Jurisprudence [PDF] by Larry White, Chief Counsel – Pennsylvania Department of Education (reprinted with permission).
U.S. Supreme Court Decisions in University of Michigan Admissions Cases [PDF] NACUANOTE by Michael Madden and Bennett Bigelow Leedom (reprinted with permission).
Race-Conscious Financial Aid After The University of Michigan Decisions [PDF] NACUANOTE by Jonathan Alger (reprinted with permission).
No additional resources at this time.
The University enters into numerous contracts for the purchases of goods and services. University procurement personnel are invited to review the basics of the Uniform Commercial Code (UCC) and the Common Law as they are applied to the formation, interpretation and enforcement of contracts for goods and services.
Contracts Law for the Procurement Professional [PDF] PowerPoint Presentation by Steven J. Adamczyk, University Attorney, Office of the General Counsel, The University of Arizona.
No additional resources at this time.
During litigation, parties seek information from each other - this is called the "discovery phase" - so that they can better ascertain the facts of a case or better develop their claims or defenses as the dispute moves toward trial in state or federal court. Electronic discovery, or E-discovery, involves identifying, retaining, and producing information that exists in electronic form (rather than only in hard copy) in that discovery phase.
Preparing for E-Discovery [PDF] NACUANOTE by Wendy Butler Curtis and Caroline M. Mew (reprinted with permission).
No additional resources at this time.
The Office of the General Counsel is responsible for advising University departments, units, and administrators on the interpretation and application of federal and state employment laws that are applicable to the University. Among these laws are the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and the Family and Medical Leave Act of 1993. This section contains selected documents and links addressing several employment law issues.
Gender Identity Issues: Transgender, Transsexual, and Transitioning Employees [PDF] by Laura Todd Johnson, University Attorney, Office of the General Counsel, The University of Arizona, and Esra Acikalin Hudson, Mannatt, Phelps & Phillips, LLP, Los Angeles, California (reprinted with permission).
Disability in Academe [PDF] A University of Arizona Workshop Paper by Laura Todd Johnson, University Attorney, Office of the General Counsel, Jeanne Kleespie, Assistant Vice President and Director, Equal Opportunity and Affirmative Action Office, and Sue Kroeger, Director, Disability Resources.
Export Control laws are governed by federal regulations enforced by several federal agencies. These regulations include: the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce, Bureau of Industry & Security; and the International Traffic in Arms Regulations (ITAR), administered by the U.S. Department of State, Office of Defense Trade Control Compliance. The Export Control regulations restrict the physical export of, and communications with foreign nationals about, controlled information and technologies. The University of Arizona researchers may be required to obtain federal export licenses before sharing controlled information or technology with foreign faculty, graduate students and research sponsors. Export Control compliance, including license applications, is managed by the University's Office of the Vice President for Research & Graduate Studies.
Export Controls and Research Universities: Challenges and Compliance [PDF] PowerPoint Presentation by Richard A. Johnson, Esq., Arnold & Porter, Washington, D.C. (posted here with permission).
How to Develop an Export Management and Compliance Program and Manual [PDF] PowerPoint Presentation by Karen diBenedetto, Renee Osborne, Debbie Kappler, and Yvette Springer, Bureau of Industry and Security, Washington, D.C. (posted here with permission).
ITAR/EAR Bootcamp: A Survival Guide to Export Control Regulations [PDF] PowerPoint Presentation by Lois Eisenstein, University Attorney, Office of the General Counsel, The University of Arizona.
The University of Arizona, Export Control Compliance
The University of Arizona, Office of the Vice President for Research & Graduate Studies
Bureau of Industry & Security – U.S. Department of Commerce
U.S. Department of State – Office of Defense Trade Control Compliance
Respectful, inclusive, and tolerant communication among members of our University community is critical to maintaining a flourishing learning environment. In exercising these important responsibilities, however, the University must use constitutionally permissible means to carry out its mission and obligations. Importantly, the First Amendment to the Constitution restricts the University from placing selective limitations on speech or expression because it is insensitive, boorish or expresses viewpoints on disfavored subjects. Similarly, the First Amendment forbids the University from regulating or punishing speech or the expression of ideas or messages because they are offensive or controversial.
The "forum analysis" is the most commonly used test to determine the level of restriction that may be placed on free speech. The forum analysis examines the nature and purpose of the property or location where the speech occurs, the subject matter of the speech, and any restriction being imposed on the speech. The level of scrutiny that a court will place on a speech restriction will depend upon the conclusions derived from the forum analysis.
First Amendment Free Speech and the Public University: The Public Forum Doctrine [PDF] by Steven J. Adamczyk, University Attorney, Office of the General Counsel, The University of Arizona.
Forum Analysis: Classification of Public Property [PDF] by Steven J. Adamczyk, University Attorney, Office of the General Counsel, The University of Arizona
No additional resources at this time.
"Intellectual Property" (sometimes called "IP") is a generic term that includes several distinct types of legal rights. These legal rights protect the results of creative and intellectual efforts (e.g., copyrights and patents) or certain types of business activities (e.g., trademark and trade secrets).
The Office of the General Counsel works closely with the Office of the Arizona Attorney General and outside counsel to monitor the progress of claims and lawsuits that have been filed against the University. Among other things, our Office helps facilitate document preservation and collection, assists in identifying witnesses, and generally participates in the overall formulation of case strategies and defenses. Finally, our Office advises departments throughout the University on legal risk management strategies to protect the University's interests.
Risk Management Coverage [PDF] by Steven C. Holland, Director, Risk Management and Safety, The University of Arizona.
Preparing for E-Discovery [PDF] NACUANOTE by Wendy Butler Curtis and Caroline M. Mew (reprinted with permission).
No additional resources at this time.
University employees and students have the right to participate in the political process. However, because the University is funded in significant part by taxes, and taxpayers do not have a choice whether or not to contribute to this funding, University resources may not be used to support advocacy on political issues. Providing a forum for discussion of those issues is an element of the University's educational and public service missions; taking sides is not. Arizona law prohibits the use of University personnel (while on duty), equipment, materials, building or other resources for the purpose of influencing the outcome of election.
Political Activity Fact Sheet - Thoughts for the Political Season by David H. Nix, University Attorney, Office of the General Counsel, The University of Arizona.
No additional resources at this time.
The Office of the General Counsel is responsible for advising University departments, units, and administrators on the application of various laws designed to protect the privacy interests of students and others. Among these laws is the Federal Educational Rights and Privacy Act (FERPA), which protects students from the unauthorized release of their educational records, and the Gramm-Leach-Bliley Act, which protects the privacy of financial consumers' non-public personal information.
Continuing University Compliance with FERPA [PDF] by Steven J. Adamczyk, University Attorney, Office of the General Counsel, The University of Arizona.
FERPA and Campus Safety [PDF] NACUANOTE by Nancy E. Tribbensee and Steven J. McDonald (reprinted with permission).
Gramm-Leach-Bliley Act Overview [PDF] by Steven J. Adamczyk, University Attorney, Office of the General Counsel, The University of Arizona.
As a public institution, the University is subject to public oversight. One important means the Legislature has created to assure such oversight is the ability of the public to have access to University records and documents. All documents (whether paper or electronic) that relate to the official duties of University employees are considered public records, subject to inspection by any member of the public, unless they are made confidential by law, or the public interest in open government is outweighed by considerations of personal privacy, business confidentiality, or because disclosure would have an important and harmful effect on the functioning of the institution.
Public Records Requests [PDF] by David H. Nix, University Attorney, Office of the General Counsel, The University of Arizona.
No additional resources at this time.
To protect the rights of the State and of persons affected by actions taken by or on behalf of the State, the University has established a records management program that fulfills the requirements of Arizona’s statutes. The University’s State-approved records management program provides for the identification, and systematic control, retention, destruction and archival storage, of records that relate to the University’s organization, functions, policies, decisions, procedures and essential transactions.
UA Records Retention Do's and Dont's [PDF] PowerPoint Presentation by Lois P. Eisenstein, University Attorney, Office of the General Counsel, The University of Arizona.
No additional resources at this time.
