White men who enslaved people of African descent and wrote the U.S. Constitution never imagined Blackwomen as persons who would become educated citizens. Acknowledgments and legal interpretations to affirm Blackwomen's personhood are absent from the romanticized document. We argue that in academia the intersecting contract is imposed on…

In tenure and promotion denial lawsuits against historically White institutions, Black professors submit evidence of discrimination based on implicit and explicit bias and gendered racism, yet legal redress rarely occurs because many courts will not recognize structural inequities as a persisting reality in academia. Informed by intersectional…

This article is a discussion of the role of the University Counsel (sometimes called the General Counsel) as "adviser, officer, administrator, and agent" in the university setting. The article discusses the nature of the "fiduciary duty" in university governance and describes several of the substantive areas of the law with…

This report concerns actions taken by Linfield University to terminate Dr. Daniel Pollack-Pelzner, a tenured professor of English with ten years of full-time service. The Linfield administration has fully acknowledged that it declined to afford Professor Pollack-Pelzner a dismissal procedure. It has also stated that it dismissed Professor…

The focus on using the courts to abolish tenure is a distraction from the important work of improving teacher quality. Unfortunately, the recent decision of Vergara v. California has only perpetuated the mistaken notion that only after tenure is abolished can underperforming teachers be removed. But the authors contend that administrators,…

Limited research has been done to examine teacher evaluation in rural schools. This article presents an analysis of legislation and regulation of teacher evaluation in selected rural states, highlights their commonalities and differences, reports their litigation, and speculates on potential problems that can result in rural schools. It ends with…

As part of the promotion and tenure process, colleges and universities have primarily evaluated faculty members on three key functional areas: research, teaching, and service. In this article, we examine how the use of collegiality as a possible fourth criterion for faculty evaluation affects faculty power dynamics, how U.S. courts have addressed…

In the last few years, all but a few U.S. states have rushed to enact tougher teacher evaluation systems. Spurred by the incentives offered by two federal education initiatives--Race to the Top and the ESEA Flexibility Program--these states have designed teacher evaluation systems designed to "remove ineffective tenured and untenured…

Teaching quality is a crucial factor in student success, contributing to students' short- and long-term learning opportunities. High-quality teaching not only contributes to the improvement of student test scores and graduation rates but also gives students a "strong foundation from which to advance and achieve" in the future. Long term,…

In "Vergara v. California" (2014), a trial-level court ruled that California laws governing teacher tenure and dismissal were unconstitutional. This study analyzes "Vergara" in light of the shifting use of the courts to promote equal educational opportunities and the changing power bases of educational interest groups,…

There is ample evidence that there still is a pay gap amongst men and women and the situation is no different if academia. Many studies have examined various types of gender discrimination in academia and two areas in particular are problematic--salaries and representation of female faculty in upper ranks of academia. This paper examines the past…

The concept of academic freedom and tenure has been a point of discussion between university faculty and administration since these concepts were established by the American Association of University Professors (AAUP) in their 1915 Declaration of Principles on Academic Freedom and Tenure. Within this dissertation the history of these two issues…

The Mississippi Association of Independent Schools was born out of the turbulent years of the Civil Rights Era. "Plessy v. Ferguson" in 1896 had established the doctrine of separate but equal facilities, including schools. While the decision in "Brown v. Board of Education," handed down by the Supreme Court in 1954, ruled that…

In 1974, Brown University's Department of Anthropology denied tenure to assistant professor Louise Lamphere. Convinced that her dismissal was the product of sex discrimination, Lamphere filed suit against Brown. Lamphere and three other female scholars who joined her suit successfully pressed Brown into an out-of-court settlement in 1977.…

Education policy often requires balancing the professional interests of adult employees with the educational needs and rights of students. Nearly everyone agrees, for example, that children deserve an education that prepares them for success in college and life, and that teachers should be afforded reasonable job protections. Yet these values and…