Publication agreements vary by publisher and sometimes by contract as well. A number of such agreements now also include indemnity clauses. "Indemnifying a publisher" means agreeing to pay for any loss, damage, or liability incurred by the publisher, or it can mean that the publisher has the right to claim reimbursement for its loss, damage, or…

Since 1940, when the AAUP formally defined academic freedom (AAUP, 1984), most faculty members believe they have the final authority in assigning course grades to their students. Faculty members may be surprised that several recent court decisions have concluded that college and university administrators have the right to change grades initially…

Three times during the past decade, the Pittsburgh campus of Kaplan Career Institute was named "school of the year" by Kaplan Higher Education, a for-profit higher-education company with more than 70 campuses nationwide. The award recognized the college for its rapid growth and high graduation and job-placement rates. But some former…

This article identifies key issues and provides administrative and faculty guidance on legal matters pertaining to unionized professors' evaluations. To do so, the authors trail the fact patterns of a series of cases on evaluations of unionized faculty that have emerged over the last 30 years--with an emphasis on the cases from the last decade.

This article reviews federal case law that address a college instructor's right to academic freedom over classroom activities. This review shows that the federal courts have defined a college instructor's academic freedom rights narrowly in terms of the instructor's classroom activities. Institutions have a great deal of latitude to regulate an…

Describes how Peter Berkowitz, well known for his caustic political commentary, sued Harvard after it denied his tenure bid. As the first professor ever to take the institution to court for such a denial, Berkowitz has incurred disdain; supporters say he simply follows through on what he believes and expects others to do so. (EV)

Traces the history of tenure plans in U.S. universities since the late 1800s and the response of university faculties to retrenchment efforts. Legal decisions concerning the university's rights to dismiss tenured professors because of funding cutbacks are discussed. (AM)

A study of lawsuits filed by college faculty against their institutions looked at the effects of litigation on the people and institutions involved. The discussion examines standards of judicial review and construction of a fair personnel decision-making process. Careful planning, conscientious application of policies, and meaningful internal…

Discusses what was discovered by "Journal of Blacks in Higher Education" staff who sat in on some of Dr. Leonard Jeffries' classes following his freedom of speech court victory against City College of New York. Observations disclose that racially biased and controversial topics are presented in part by Jeffries' lecturers and by his…

Reviews the history of the development and beginnings of universities in the United States in relation to the question of whether university faculty members are to be considered management employees not entitled to bargain collectively with the administration. Discusses this history in relation to the court litigation at Yeshiva State University…

The "Yeshiva debate" over the nature of faculty governance will continue to rage within academe. Unions will argue that faculties must bargain collectively with or without the protection of NLRB legislation; small private colleges may submit that they cannot afford bargaining costs and refuse to bargain. (MSE)

A scenario based on actual events describes a situation in which money problems force a university to terminate three tenured professors who immediately file suit. Fiscal exigency is defined as a crisis that threatens the survival of the institution as a whole. (MLW)

Asserts that for universities to avoid the growing possibility of lawsuits, tenure evaluation procedures must be clear and fair. Provides suggestions to reduce the likelihood of litigation and to increase the institution's chance of success in a lawsuit. (EV)

The Supreme Court decision in National Labor Relations Board (NLRB) v. Yeshiva University is discussed, along with a test for determining "managerial employees." In this case, the court held that full-time faculty at nonprofit, private, higher education institutions are managerial employees, where their recommendations are normally…

A recent study by Barbara Lee and George LaNoue of academic discrimination lawsuits and their results found that often, neither side understands the impact of the lawsuit, and careers, departmental friendships, individuals, and colleges are damaged. (MSE)