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Journal of College and University Law


During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After a survey of the 1999 Eleventh Amendment decisions, this review will address additional decisions in the areas of tenure, sexual harassment, Title VII, age discrimination, revocation of settlement offers, and employee/faculty misconduct.