Presents an innovative approach to resolution of faculty employment disputes at institutions of higher education. Discusses the framework in which faculty employment issues arise, the current state of alternative dispute resolution (ADR) as it is relevant to employment disputes, and the substantial benefits which could be achieved by developing a…

Introduces the issue's Symposium on Academic Freedom and Responsibility. Discusses the current debate on tenure and its role in securing and promoting academic freedom. Proposes a model "Academic Freedom Policy and Procedures," to which subsequent articles in the issue (by Robert M. O'Neil, J. Peter Byrne, and Richard T. De George)…

Agrees that Martin Michaelson's proposal in "Should Untenured as Well as Tenured Faculty Be Guaranteed Academic Freedom? A Few Observations" deserves study as an alternative to the current system of tenure and might be useful because it affords more scrupulous procedures for personnel judgments about new faculty. Asserts that anything…

Asserts that Martin Michaelson's proposal in "Should Untenured as Well as Tenured Faculty Be Guaranteed Academic Freedom? A Few Observations," despite its good intentions, is seriously flawed and if adopted in preference to existing standards will weaken rather than strengthen academic freedom. (EV)

Responds to the articles in the issue's Academic Freedom and Responsibility Symposium by Robert M. O'Neil, J. Peter Byrne, and Richard T. De George, including critiques of the author's proposed "Academic Freedom Policy and Procedures." Concludes that academic freedom can only thrive when it is subject to rigorous analysis by many scholars. (EV)

Asserts that part-time faculty cannot enjoy as full a protection for academic freedom as do full-time faculty, let alone faculty with tenure, because they are too removed from the system of peer review. Clarifies the nuances of difference in the academic freedom available to part-time faculty and suggests procedures for its protection. (EV)

Analyzes academic tradition concerning the rights and corresponding duties of the academic profession and then articulates principles of professional conduct that flow from academic tradition. Concludes that peer review is the linchpin for academic freedom, tenure, and shared governance in the academic tradition. (EV)

In 1977, the Connecticut State Board of Labor Relations confronted the question of defining what constitutes part-time status for college teachers. A brief on a case concerning a lecturer at the University of Connecticut reveals the difficulty in measuring faculty workload. (MLW)

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)

This paper analyzes "Equal Employment Opportunities Commission (EEOC) vs. University of Detroit," the first federal circuit court case concerning a college faculty member refusing to pay union dues because of religious beliefs conflicting with purposes for which dues are used. Suggestions for union and institutional response in such…

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)

The extension of Title VII to college faculty provided a mechanism for relief in cases where faculty were denied reappointment, promotion, or tenure for reasons unrelated to their job performance. The standards of review in Title VII cases and the court's role in academic Title VII cases are discussed. (MLW)

Sweeney is the first higher education case in which a court overruled unanimous peer recommendation against promotion and tenure. The possible implications for the peer review or collegial model of making faculty promotion and tenure decisions are examined, and more thorough and objective decision methods are recommended. (MSE)

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)