Academic freedom is invoked as both an individual freedom and an institutional bulwark. "Parate v. Isibor," recently decided by the Sixth Circuit, illustrates many of the problems that the concept causes litigants and courts. The unfortunate compromise resolution trivializes the principles ostensibly protected by academic freedom. (MLF)

The 1978 amendments of the Age Discrimination in Employment Act tenure exemptions are discussed. The question of whether faculty members now serving in nontenured capacities can be dismissed on the basis of age is examined. A rebuttal to an article by Stuart H. Bompey is included. (MLW)

Analyzes case law on the denial of tenure after a review. Addresses the following issues: due process, access to reviewed materials and deliberations, authority of the ultimate decision-makers, claimed violations of civil rights, liability claims, and quests for damages. Presents recommendations for making higher education policies and practices…

Existing regulations, case law, and limited legislative history indicate that an institution can continue to employ faculty without tenure after age 65. However, once tenure is removed, the faculty member is entitled to all the protection of the Age Discrimination in Employment Act. (MSE)

Nontenured faculty's claims to tenure as a property right, by virtue of common law principles, are examined from historical and litigation perspectives. The common law analysis proposed is applied to employment relationships in private and public institutions. (MSE)

Litigation by nontenured teachers in contract nonrenewal disputes usually involves claims of violation of speech, liberty, contractual, or privacy rights. School boards should be certain that the cause for nonrenewal of a probationary teacher's contract is not in violation of a protected right. (MLF)

The McLendon decision compelled the state legislature to provide unprecedented procedural protection to untenured faculty in dismissal processes. The institutions can take precautionary measures in hiring faculty, but it is questionable whether many faculty will risk litigation in any case. (MSE)

Argues that judicial deference to a university's denial of tenure based on an allegedly unclear accent may be unjust. Discusses: (1) the usual tenure process; (2) Title VII action and academic deference; (3) evidence that inherent bias against accents in the classroom hurts non-white instructors; and (4) proposed action for courts and…

This written testimony, presented to the California State Assembly on February 28, 2001, by Thomas J. Nussbaum, Chancellor of the California Community Colleges (CCC), presents statistics for the financial state of the California Community College System, in comparison to both other states and to the California K-12, California State University…

Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)

The collective bargaining agreement between the Board of Trustees of the Nebraska State Colleges and the State College Education Association, covering the period July 1, 1986-June 30, 1989, is presented. Items covered in the agreement include: unit recognition, nondiscrimination, grievance and arbitration procedure, teacher starting salaries by…

The collective bargaining agreement between Western Oregon State College and Western Oregon State College Federation of Teachers, an affiliate of the National Education Association, covering the period July 1, 1985-June 30, 1987, is presented. Items covered in the agreement include: unit recognition, union rights and responsibilities,…

The collective bargaining agreement between the University of Detroit and the University of Detroit Professors' Union (183 members), an affiliate of the National Education Association and the Michigan Education Association, covering the period January 15, 1985-August 15, 1986 is presented. Items covered in the agreement include: unit recognition;…

The collective bargaining agreement between the University of Connecticut Board of Trustees and the University of Connecticut Chapter of The American Association of University Professors (AAUP) covering the period July 1, 1986-June 30, 1989 is presented. Items covered in the agreement are: recognition, exclusions, academic freedom, governance,…

The collective bargaining agreement between the University of Connecticut Board of Trustees and the University of Connecticut Chapter (1,410 members) of the American Association of University Professors (AAUP) covering the period July 1, 1984-June 30, 1986 is presented. Items covered in the agreement include: unit recognition, exclusions, academic…