Previous faculty National Labor Relations Board status decisions are analyzed to discern the rationale behind the U.S. Supreme Court's refusal to follow prior holdings of the Board. The Board can now either set a procedure for determining faculty status or declare faculty protected, forcing Congress to address the issue directly. (MSE)

The Federal Communications Commission's (FCC's) program for regulating domestic telecommunications common carriers is assessed in this report, and several recommendations are made to the Congress and the FCC for improving the regulatory framework provided by the Communications Act of 1934. A digest of the report and a review of the nation's…

The relationship of the law to ethics committees is examined, including the legal context and impetus for such committees, categories and roles of members, member appointment and removal, member power, timing of committee action, responsibility and liability, and issues about records of committee action. (Author/MSE)

Intended primarily for educators, legislators, and the general public in the state of Pennsylvania, this public affairs brochure addresses the question of whether binding arbitration should be legislated in that state as a means of resolving labor disputes between a local school district and its employees. The brochure reviews the history of…

Viewed from the perspective of administrative law, labor law, or just higher education, the Yeshiva decision does not make sense. It would be appropriate in future litigation to compel the court to do what it refused to do here, that is to address the extent to which the industrial analogy applies to colleges and universities. (MSE)

A congressional amendment to the National Labor Relations Act appears to be the most viable means of providing faculty members the bargaining rights held by all other professionals in this country, after the Yeshiva University decision. (MSE)

The application of agency authority to advertising practices and consumer protection policy of the Katharine Gibbs School, a proprietary school, under the new Federal Trade Commission Improvement Act, is reviewed and criticized. (Available from: Fred B. Rothman & Co., 10368 W. Centennial Rd., Littleton, CO 80123, $5.00). (MSE)

By acknowledging a specific setting, as at Yeshiva University, where faculty are legally considered managerial, the court lays a foundation on which private colleges may attempt to build, by trying to fit the "mature" governing structure outlined in the court decision. Journal available from the School of Law, Washburn University,…

In examining student searches from a critical theory perspective, one considers who is being searched, who does the searching and by what authority, and how searching reinforces existing power structures. This article addresses these questions and related concepts (discipline, criminal/deviant behavior, punishment, and rehabilitation) by applying…

As stated in the Preamble, the Sisseton-Wahpeton Sioux Tribe has established this "Revised Constitution and Bylaws" in order to "form a better tribal government, exercise tribal rights and responsibilities and promote the welfare of the people". This "Revised Constitution" consists of 11 Articles which are identified…

To be appointed by the President with the advice and concent of the Senate, this new Assistant Secretary would have such duties as the Secretary of Interior assigned, with respect to the conduct of Indian affairs, and would assume the duties of the Commissioner of Indian Affairs. One of his primary responsibilities would be to help guide the…

The Yeshiva decision shows that several actions must be taken to clarify or resolve issues: several legal terms must be redefined, more comprehensive fact-finding is needed, and higher education collective bargaining must be better understood to distinguish faculty governance roles more clearly. (MSE)

It is submitted that, in the court decision on Yeshiva University and collective bargaining, the court failed to provide the National Labor Relations Board with any clear guidelines for applying its managerial context test. The decision's consistency with the National Labor Relations Act's intent is questioned. (MSE)

In a case involving parents' claims that a Louisiana district's uniform policy violated their children's 14th Amendment right to free speech, Fifth Circuit Judge Robert Parker sided with the school board. The board's legitimate interests in regulating student behavior outweighed students' legitimate interests concerning clothing choices. (MLH)

The development of shared governance at Sierra College (SC) in California is chronicled in this report. The first sections of the report provide a chronology of team, board, and committee meetings and colloquia involved in the process of implementing shared governance at the college; present summaries of breakout group reports, evaluative…