This "Update" discusses the impact of the "Seminole Tribe v. State of Florida" decision on higher education. In essence, the Court in this decision rescinded the doctrine of "Eleventh Amendment immunity" and ruled that Congress has only limited power to enact laws that apply to state governmental entities, including…

Academic freedom, collegiality, and tenure are addressed with focus on how collective bargaining affects them. This material is intended to give college and university attorneys a feel for the challenges and problems that collective bargaining has brought to academia. Three sections look at the following: (1) academic freedom (what it is, academic…

The newsletter issue provides a legal analysis of National Labor Relations Board versus Yeshiva University, a case which limited the right of faculty to bargain collectively under the protections of state statutes. Related cases are noted concerning: (1) Wichita State University in Kansas (which rejected the Yeshiva doctrine); (2) University of…

This casebook intends to show young people that their rights, their way of life, and indeed sometimes their very life, can depend on one remarkable document, the Constitution of the United States. The casebook is about the United States Constitution and how the Supreme Court and lower courts have interpreted it to govern the lives of U.S. public…

This bulletin reviews the 1990-91 term of the U.S. Supreme Court in terms of its impact on public schools, finding that the Court tended to decline to review decisions by lower courts that gave school districts discretion to resolve questions of student and employee rights. Court opinions that were handed down are discussed, and the impact of…

The legal status of tenure rights threatened by financial exigency and the role of the American Association of University Professors in protecting those rights are considered. Accommodations of competing managerial, employee, and institutional interests that must be addressed are also discussed. Court cases are reviewed that deal with managerial…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and…

A number of legal issues are involved in conducting a drug testing program to determine whether students--and occasionally teachers--are using illegal drugs. Two legal issues have been raised concerning the accuracy of the urinalysis test: whether it is chemically accurate and whether appropriate procedures have been followed to make certain that…