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)

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,…

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)

The exclusion of faculty members as managerial employees may seriously disadvantage all professional employees, the very group the National Labor Relations Act was amended to protect. (Journal availability: Dennis & Company, 251 Main St., Buffalo, NY 14203.) (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)

Proposed National Collegiate Athletic Association (NCAA) regulation changes address academic standards, student financial aid, organizational administration, championships and extra events, student eligibility, NCAA membership and classification, playing seasons, and deregulation of recruiting contacts, promotional activities, travel cost payment,…

Three key political decisions made in Tennessee higher education that have brought about major changes in structure and have implications for the future are discussed. The decisions are: creation of the Tennessee Higher Education Commission (THEC) in 1967, the creation of the State Board of Regents (SBR) in 1972, and the establishment of the…

The changes and progress made under the new system of governance of the Montana university system are examined. The report compares progress made by the system in the five years preceeding the change of governance (1968-1973) with the progress made during the first five and one-half years of the new system (July, 1973 to December, 1978). Under the…

An English-language transcript of the Administration of the Institutions of Higher Education Act of Denmark (Act No. 362 of June 13, 1973 as amended in pursuance of Act No. 328 of June 10, 1976) is provided. General provisions lay out the responsibilities of the Ministry of Education in regard to higher education institutions. Responsibilities of…