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University Oversight of Professors' Teaching Activities: A Professor's Academic Freedom Does Not Mean Freedom from Institutional Regulation
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Fossey, Richard – Journal of Personnel Evaluation in Education, 2007
This article reviews federal case law that address a college instructor's right to academic freedom over classroom activities. This review shows that the federal courts have defined a college instructor's academic freedom rights narrowly in terms of the instructor's classroom activities. Institutions have a great deal of latitude to regulate an…
Descriptors: Federal Courts, Court Litigation, College Faculty, Academic Freedom
Copyright Law and Professors' Photocopied "Anthologies": A Sensible Decision from the Sixth Circuit.
Fossey, Richard; And Others – West's Education Law Quarterly, 1996
More and more college professors are constructing their own "anthologies," photocopied compilations of recent articles and book excerpts, that are used as textbook substitutes. Addresses the impact of copyright law on the creation and distribution of customized college-course anthologies. (39 footnotes) (MLF)
Descriptors: Anthologies, Copyrights, Court Litigation, Federal Courts
"The Certainty of Hopelessness": Are Courts too Harsh toward Bankrupt Student Loan Debtors?
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Fossey, Richard – Journal of Law and Education, 1997
In most cases, individuals filing for bankruptcy to discharge student loans are those who encountered difficult life circumstances, not middle-class college graduates who refused to pay for their education. Many courts have interpreted the Bankruptcy Code's "undue hardship" provisions too harshly and without compassion. (70 footnotes)…
Descriptors: Federal Courts, Federal Legislation, Loan Default, Postsecondary Education
At the Margin of Academic Freedom and Sexual Harassment: An Analysis of "Silva v. University of New Hampshire".
DeMitchell, Todd A.; Fossey, Richard – West's Education Law Quarterly, 1996
Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…
Descriptors: Academic Freedom, Court Judges, Court Litigation, Federal Courts
Law, Trauma, and Sexual Abuse in the Schools: Why Can't Children Protect Themselves?
Fossey, Richard – West's Education Law Quarterly, 1994
Reviews federal cases that have considered whether school districts have an affirmative constitutional duty to protect school children. Research findings suggest that school children may be as helpless as prisoners when it comes to defending themselves from sexual abuse by school employees. (MLF)
Descriptors: Child Abuse, Court Litigation, Elementary Secondary Education, Federal Courts
Random Drug Testing of Students: Where Will the Line Be Drawn?
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Roberts, Nathan M.; Fossey, Richard – Journal of Law & Education, 2002
Discusses several state and federal court cases testing the limits of school district efforts to expand the scope of random student drug-testing since the Supreme Court's 1995 decision in "Vernonia School District 47J v. Action," wherein the Court approved random drug-testing of student athletes in public high schools. (Contains 113…
Descriptors: Athletics, Board of Education Policy, Court Litigation, Drug Use Testing
Dress Codes in the Public Schools: Principals, Policies, and Precepts.
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DeMitchell, Todd A.; Fossey, Richard; Cobb, Casey – Journal of Law and Education, 2000
Responses from 157 principals (65 percent of a national sample) showed strong support for dress codes. Research focuses on the perception of school principals regarding dress codes, analyzes dress codes for common features, and proposes a constitutional standard of review for contested dress codes. (58 footnotes) (MLF)
Descriptors: Administrator Attitudes, Constitutional Law, Court Litigation, Dress Codes