Although the term academic freedom is tossed about almost with abandon, many people do not know exactly what it means. This paper defines academic freedom, explains to whom it applies, and places it in its historical, institutional, and legal contexts. This paper also offers guidelines for deciding when and where the protection of academic freedom…

The University of Colorado's Ward Churchill is but the latest in a long line of professors whose volatile statements have created controversy for themselves and their universities. Specific personnel matters in the case have been meticulously addressed in Boulder, but several larger questions have been curiously neglected. One might well ask, for…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

Based on research conducted at Mississippi State University, Meridian (Mississippi) Public Schools, and Vicksburgh Public Schools, the intent of this study was to determine the general state of due process procedures in the practices of school officials throughout the southern region. All cases involving teacher dismissal in the Fifth Circuit…

Court definitions of faculty First Amendment rights and the relationship of these rights to academic freedom are reviewed in the context of a recent Supreme Court ruling. (28 references) (MLF)

Reviews current court cases pertaining to infringements on academic freedom and considers their relationship to arguments concerning tenure. In particular, raises such issues as how the First Amendment protects the academic freedom of faculty and if there are alternative safeguards. Concludes that eliminating tenure would jeopardize academic…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

Decisions made by federal and state courts during 1983 concerning higher education are reported in this chapter. Issues of employment and the treatment of students underlay the bulk of the litigation. Specific topics addressed in these and other cases included federal authority to enforce regulations against age discrimination and to revoke an…