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Should Standing Stand in the Way of IRS Revenue Ruling Accountability? Simon v. Eastern Kentucky Welfare Rights Organization
Peer reviewed Peer reviewed
Scott, David J. – University of Colorado Law Review, 1976
In Simon v. Eastern Kentucky Welfare Rights Organization the Supreme Court concluded that several low-income individuals and organizations representing them lacked standing to maintain a class action challenging the validity of a revenue ruling by the Internal Revenue Service. The impact of this case is discussed along with an alternative course.…
Descriptors: Court Litigation, Due Process, Financial Problems, Income
The Problems of Contraction: Legal Considerations in University Retrenchment.
Peer reviewed Peer reviewed
Johnson, Annette B. – Journal of Law and Education, 1981
Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…
Descriptors: Administrator Role, College Faculty, Due Process, Financial Problems
Economically Necessitated Faculty Dismissals as a Limitation on Academic Freedom
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Leder, Charles P. – Denver Law Journal, 1975
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…
Descriptors: Academic Freedom, College Faculty, Constitutional Law, Contracts
Legal Issues in Terminating Tenured Faculty Members Because of Financial Exigency.
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Saunders, Marybeth K. – Educational Record, 1984
An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…
Descriptors: College Faculty, Compensation (Remuneration), Court Litigation, Due Process
Pennsylvania's Retrenchment Battle.
Mortimer, Kenneth P. – AGB Reports, 1981
The retrenchment experience of Pennsylvania's state college system is described. The specter of retrenchment scared the campuses into finding new nonpersonnel cuts to make; a policy of intrasystem faculty transfer was finally adopted; and although campus presidents opposed retrenchment, by 1979-80 they were convinced of its necessity. (MLW)
Descriptors: Affirmative Action, College Faculty, Dismissal (Personnel), Due Process
Financial Exigency and Faculty Dismissals: Guidelines for University Administrators.
Kelly, Michael; Kitabchi, Gloria – 1982
The legal developments regarding dismissal of tenured faculty members because of financial exigency are considered. Attention is directed to, the ability of the public or private institution to dismiss and the constitution of a state of financial exigency and a bona fide dismissal. A standard for claiming financial exigency that was suggested by…
Descriptors: College Administration, College Faculty, Court Litigation, Departments