In this Martin Center policy brief, "Scholastic Gag Orders: NDAs, Mandatory Arbitration, and the Legal Threat to Academics," Stephen Baskerville explores how non-disparagement agreements (NDAs) and mandatory arbitration (MA) provide a veil of legally enforced secrecy, shielding administrations from negative publicity, professional…

In this research article, Leah Schmalzbauer and Alelí Andrés examine the educational mobility of low-income US citizen and DACAmented youth who are members of mixed-status families. Drawing from thirty life history interviews with Latinx students attending a top-tier liberal arts college, and based on ethnographic case studies of eight of their…

An employment contract between the student and the host organization may be the unintended consequence of a work-integrated learning (WIL) placement. The student, as an 'inadvertent employee' of the host organization, can expose the university to risk. A case study involving thirteen Australian university lawyers identifies the legal and…

Young children often look to their teachers for affection and acceptance, particularly if they are sick or upset. However, many male primary teachers do not feel comfortable with this aspect of their role. Consequently, many men choose not to make physical contact with their students in order to protect themselves from accusations of inappropriate…

Trademarks figure prominently in college and university brand formation efforts. Trademarks are intangible rights that allow institutions to define and protect aspects of their identities important to them as they engage in markets. This multiple-method study, grounded in legal and policy research, provides a first look at how institutions are…

Students suffer extreme hardship when their postsecondary education is interrupted or significantly devalued by school closure or misconduct. Private postsecondary education in particular can cost tens of thousands of dollars in tuition, fees, equipment, and required materials. These considerable expenses constitute only part of the economic harm…

Fiscal responsibility matters at institutions of higher learning, especially when they are public and supported by taxpayers, but colleges are not businesses. The consequences of fiscal irresponsibility profoundly affect students, faculty, and staff, as well as teaching, research, and service activities. This essay gives a brief history of the…

A month ago, the author wrote about the "official" materials one submits for a tenure-track academic hire, like a statement of one's teaching philosophy and a list of references. But in the Internet age, the "unofficial" part of an application is what exists about a person online. In 2009 the author wrote columns about the role of social media,…

The best way to protect individuals and institutions from libel suits is to verify the truth of what is printed. An institutional editor's guide to do's, don'ts, and definitions is presented. An editor is as responsible for a libelous letter as the author is. (MLW)

A discussion of the economic impact on employers of wrongful discharge litigation by former employees addresses the types of damages a plaintiff may receive, remedies, deductions from front pay, reinstatement, punitive and exemplary damages, injury to professional reputation, constructive discharge, and attorney's fees. (MSE)

Contributes to gender/legal scholarship and theory by examining how the U.S. judicial system treats men and women differently in terms of reputational harm. Places both court cases and legislative enactments in the context of the development of women's history. Shows that women's reputations are generally discussed in terms of virtue, while men's…

Principals and other educators fear litigation over defamation. Defamation means an injury to character or reputation by false, malicious statements, whether by printed words (libel) or by spoken words (slander). To constitute defamation, the words must be actionable, defamatory, refer to the plaintiff, and be communicated to others. If the words…

A study of reader response to newspaper articles in a defamatory context tested: (1) the judicial assumption that the macro-environment in which statements appear is important to a reader's distinguishing between fact and opinion; (2) the possibility that a byline may influence a reader's characterization of statements; and (3) the idea that…