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La Noue, George R. – Journal of College and University Law, 1974
Asserts that tenure may violate Title VII of the Civil Rights Act or more general affirmative action concepts. (Author/PG)
Descriptors: Affirmative Action, Contracts, Federal Legislation, Higher Education
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Tucker, John C. – Journal of College and University Law, 1974
Discusses three issues arising from the termination of tenured faculty on account of financial exigency: definition of exigency, how persons to be terminated are identified, and what their contractual and due process rights are. Makes suggestions for revising and clarifying tenure contracts in light of recent court cases. (JT)
Descriptors: Civil Liberties, Contracts, Court Litigation, Faculty
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Jasper, Susan M. – Journal of College and University Law, 1990
The impact of Britain's Education Reform Act of 1988, which abolished tenure but attempted to protect academic freedom, is examined, the United States' approach to protection of academic freedom is reviewed, and the contributions of Britain's experience to American protective mechanisms are considered. (MSE)
Descriptors: Academic Freedom, Change Strategies, College Faculty, Educational Change
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Michaelson, Martin – Journal of College and University Law, 2001
Introduces the issue's Symposium on Academic Freedom and Responsibility. Discusses the current debate on tenure and its role in securing and promoting academic freedom. Proposes a model "Academic Freedom Policy and Procedures," to which subsequent articles in the issue (by Robert M. O'Neil, J. Peter Byrne, and Richard T. De George)…
Descriptors: Academic Freedom, Change, Faculty College Relationship, Nontenured Faculty
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O'Neil, Robert M. – Journal of College and University Law, 2001
Agrees that Martin Michaelson's proposal in "Should Untenured as Well as Tenured Faculty Be Guaranteed Academic Freedom? A Few Observations" deserves study as an alternative to the current system of tenure and might be useful because it affords more scrupulous procedures for personnel judgments about new faculty. Asserts that anything…
Descriptors: Academic Freedom, Change, Faculty College Relationship, Nontenured Faculty
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De George, Richard T. – Journal of College and University Law, 2001
Asserts that Martin Michaelson's proposal in "Should Untenured as Well as Tenured Faculty Be Guaranteed Academic Freedom? A Few Observations," despite its good intentions, is seriously flawed and if adopted in preference to existing standards will weaken rather than strengthen academic freedom. (EV)
Descriptors: Academic Freedom, Change, Faculty College Relationship, Nontenured Faculty
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Bompey, Stuart H.; Saltman, Barry N. – Journal of College and University Law, 1982
How Title VII of the Civil Rights Act litigation has affected universities is reviewed. The applicability of statistical evidence in university Title VII actions and the different uses courts have made of such evidence are discussed. (MLW)
Descriptors: Court Litigation, Equal Opportunities (Jobs), Higher Education, Sex Discrimination
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LaNoue, George R. – Journal of College and University Law, 1974
The concept of academic tenure is examined in relationship to charges that it may violate Title VII of the Civil Rights Act regarding equal opportunities for women and minorities. The author finds no reason why a well-administered award tenure system utilizing collegial judgment is inconsistent with Title VII. (JT)
Descriptors: Civil Rights, College Faculty, Court Litigation, Higher Education
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Lovain, Timothy B. – Journal of College and University Law, 1984
The most common grounds for dismissing tenured faculty have been incompetence, immorality, neglect of duty, and insubordination. Judicial evaluations of substantive grounds for dismissing tenured postsecondary faculty for cause are discussed. (MLW)
Descriptors: College Faculty, Court Litigation, Dismissal (Personnel), Employment Practices
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Duerr, Charles A., Jr. – Journal of College and University Law, 1980
Recent cases in which the courts have either ordered reinstatement of dismissed tenured faculty or refrained from doing so are surveyed, and the themes that generally distinguish one decision from the other are examined. (MSE)
Descriptors: College Faculty, Court Litigation, Employment Practices, Higher Education
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Brammer, James E.; And Others – Journal of College and University Law, 1991
A circuit court ruling involving sex-discrimination and college faculty tenure is examined, focusing on differences between this case's substantive analysis and the procedural focus of earlier decisions. It is concluded that the case sets a standard for judicial intervention in an area formerly considered beyond the reach of law. (MSE)
Descriptors: College Administration, College Faculty, Court Litigation, Federal Legislation
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Connell, Mary Ann; Savage, Frederick G. – Journal of College and University Law, 2001
Presents an analysis of the arguments for and against consideration of collegiality in higher education employment decisions and a review of the relevant case law. Critics argue that unless collegiality is specified as a separate criterion for evaluation in the faculty contract or handbook, its use is a breach of contract. Others are concerned…
Descriptors: Academic Freedom, Collegiality, Cooperation, Evaluation Criteria
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Ferguson, Tracy H.; Bergan, William L. – Journal of College and University Law, 1974
Identifies and comments on methods that higher education institutions and unions have agreed to for the settlement of collective bargaining disputes or grievances in the 150 existing labor agreements covering more than 210 institutions, nearly 70 percent of them 2-year institutions. The institutions covered by these agreements are listed. (JT)
Descriptors: Arbitration, Collective Bargaining, Contracts, Faculty
Peer reviewed Peer reviewed
Bodensteiner, Jill – Journal of College and University Law, 2002
Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…
Descriptors: Age Discrimination, Court Litigation, Equal Opportunities (Jobs), Higher Education
Peer reviewed Peer reviewed
Casey, Anita – Journal of College and University Law, 1982
Increased litigation in areas of indirect discrimination in higher education is expected. Indirect discrimination may manifest itself in an institution's failure to promote or grant tenure, its transfer of personnel, changes in the nature of assignments, harassment of faculty members, or other actions that ultimately cause the employee to resign.…
Descriptors: College Faculty, Court Litigation, Equal Opportunities (Jobs), Faculty Promotion
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