Reviews the history of the tenure system and its constitutional and due process implications. Describes Florida's sustained performance review program, an evaluation of tenured faculty every seven years to encourage continuing professional development. (SK)

An alarming aspect of the dramatic change in the relationship between a university and its constituents is the increasing number of court cases challenging traditionally academic decisions. The filing of these cases seems to suggest that judicial processes can be substituted for academic ones. Although many courts have recognized the distinctive…

Lists guidelines to help department administrators reduce their liability and strengthen their position when faced with grievances or lawsuits. (AEA)

The response of courts to terminations resulting from a financial crisis threatening a school is analyzed. That response depends, in part, on whether the teacher is asserting the infringement of a constitutional right, such as freedom of expression, or the deprivation without due process of the law of a property interest, such as a statutory or…

The legal aspects of many campus issues were the concerns of the conference "Higher Education: The Law and Institutional Response." The central purpose of the conference was to present and discuss judicial decisions and trends and their implications for and applications to the posture of academic decisionmaking. The issues of concern…

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

Theories under which college students have challenged academic dismissals are examined, the standard courts apply when examining challenges is explored, and a case in which relief was denied a student challenging a test grade is discussed. Conflict between an institution's academic freedom and a student's due-process rights is considered. (MSE)

Presents R. Scarce's account of his jailing for refusal to divulge to the authorities information gathered for his doctoral research. Revealing the information would have been a violation of the American Sociological Association's Code of Ethics. Concludes with 13 concerns and suggestions for protecting scholarly research from legal intrusion.…

An overview of legal issues that relate to education, the abundance of new laws, newly applied laws, and judicial decisions in the field of education are discussed in this practical guide for educators. A historical orientation to some of the basic legal concepts in education is provided for: full disclosure, fair practices and nondiscrimination,…

A bibliography of 765 items which illustrates the wide range of topics that affect collective bargaining in higher education and the professions for 1981, is presented. Items are dated 1978 or later, and ERIC reference numbers are cited where appropriate. The primary focus and interest is academic collective bargaining; however, the literature on…