The scope of individual employee rights to engage in activities under the National Labor Relations Act and the concomitant restrictions on employer actions, as interpreted in decisions of the National Labor Relations Board and the courts, are examined on the premise that college administrators are well-advised to understand them. (JT)

This article examines legal effects (e.g., res judicata and collateral estoppel) of various administrative arrangements for the resolution of employment disputes and offers suggestions on how legal representatives of colleges and universities can take advantage of these effects by planning and coordinating defense efforts. (Author/DB)

Reviews current case law alerting public institutions as well as those covered under the National Labor Relations Act to consequences and problems of faculty unionization, including issues of conflict between the faculty senate and a union, exclusive representation, supervisory status of faculty members, and scope of negotiation issues. (JT)

Review of coaching contracts from approximately 50 institutions of higher education led to development of a model contract. Guidelines for university counsel include stating explicitly all items that the university intends to provide as compensation and stating the exact terms of the contract and the repercussions if either side prematurely…

The Copyright Act of 1976 appears to undermine traditional arguments that placed scholarly writing outside the definition of works "made for hire," and strengthens the presumption that employers own copyrights to employees' work. The implications for faculty are discussed, and methods available to academics to retain copyrights are…

Thirty-two legislative issues that public institutions should address while devising their legislative programs or reviewing a proposed public employees' collective bargaining bill are presented. The article concludes with a brief discussion of administrative rule-making and other alternatives to legislative treatment of these issues. (LBH)

This paper evaluates the Shannon versus Bepko case in which a university employee filed suit in federal court against four individuals in their official capacities as employees of Indiana University-Purdue. Defendants claimed the eleventh amendment barred actions against them in their official capacities. (DB)

Examines the civil rights claims raised by a university coach claiming he was forced to resign because he refused to wear contracted Nike apparel. Explores the state of the law regarding restrictions on private employers' control of employees' political activities, and asserts that to make up for the lack of legal protection, employers should…

The nature of tenure rights is examined with reference to a number of court cases. It is observed that the trend to negotiate tenure will probably continue, and the prediction is made that the principle of exclusivity will apply to collective bargaining in higher education, thus limiting individual faculty contracts. (JT)

This article examines the role of athletic coaches and notes their unique backgrounds and needs that set them apart from other college faculty. Alternative definitions of the coach's role include offering tenure to coaches, treating the coach like an ordinary contractual employee, and fashioning special nonsalary benefits. (Author/DB)

A summary of case law, primarily in the college and university setting, under the various theories of liability currently being used to challenge the traditional doctrine of employment-at-will, looks at recent court decisions in wrongful discharge actions and the contract and tort theories evolving from them. (MSE)

Amidst widely disparate predictions as to the effect the Yeshiva decision will have in higher education, traditional legal wisdom would suggest awaiting further NLRB and court decisions for guidance on Yeshiva's impact on different institutions, especially given the various existing and potential unionization arrangements. (MSE)

The importance of the faculty contract in the faculty-college relationship is examined, and the difficulty of characterizing activities as "inside" or "outside" the institution is discussed. Specific problems of external faculty work (consulting, publishing, etc.) and key elements of current institutional policies are outlined.…

Court decisions in two cases concerning the University of Nevada at Las Vegas's suspension of an athletic coach because of institutional violations of National Collegiate Athletic Association regulations are discussed, focusing on the courts' applications of state action doctrine (subjection to scrutiny under constitutional law) and coercion…

Discussion of drug testing in intercollegiate athletics programs looks at federal and state regulation of drug-testing programs as it affects student-athletes and, in comparison, the employer-employee relationship. Judicial approaches in student-athlete drug-testing cases are also examined. Increased federal regulation is seen as imminent. Steps…