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Mawdsely, Ralph D. – NASSP Bulletin, 1999
Teachers' rights to engage in religious activities may not be as extensive as students' rights. Students may participate in religious clubs on school premises so long as the school permits other noncurricular, student-initiated clubs to meet during noninstructional time. Courts' confusing forum analysis complicates the picture. (Contains 22…
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Public Schools

Morse, Jane Fowler – Studies in Philosophy and Education, 2001
Using the theories of John Stuart Mill and Karl Marx, this article supports the educational entitlements of intellectual freedom and economic sufficiency. Explores these issues in reference to their implications for teaching, the teaching profession and its training. Concludes that ideas cannot be controlled by the interests of the dominant class.…
Descriptors: Academic Discourse, Academic Freedom, Discourse Communities, Educational Environment

Sneed, Don – College Teaching, 1987
The University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)
Descriptors: Academic Freedom, Academic Standards, College Faculty, College Instruction
Splitt, David A. – Executive Educator, 1987
Courts generally rule against drug testing of public employees. A urine sample represents "unreasonable search" under the Fourth Amendment. Testing unreliability was illustrated in "Jones v. McKenzie." Factual, "reasonable suspicion" must exist for judicial approval. Tests do not resolve employee drug abuse;…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, Employer Employee Relationship

Academe, 1985
The actions of Clark College in terminating, for reasons of financial exigency, two faculty members previously granted indefinite tenure are reviewed according to the AAUP statement of principles and recommended institutional regulations on academic freedom and tenure, and procedural standards, and found to be in violation. (MSE)
Descriptors: College Faculty, Due Process, Financial Problems, Higher Education
Splitt, David A. – Executive Educator, 1984
Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Federal Courts
Watkins, Beverly T. – The Chronicle of Higher Education, 1984
The results are reported of court litigation in which Boston University faculty were denied the right to collective bargaining because faculty are considered supervisors. The role of the American Association of University Professors is also discussed and excerpts from the court's opinion are presented. (MSE)
Descriptors: Collective Bargaining, College Faculty, Court Litigation, Federal Legislation

Eberts, Randall W. – Industrial and Labor Relations Review, 1984
This paper examines the effect of collective bargaining on several factors known to be determinants of student achievement in the public schools, particularly its effect on the teacher's allocation of time among various activities. (Author/SSH)
Descriptors: Academic Achievement, Collective Bargaining, Public Schools, Student Teacher Relationship

Sacken, Donal M. – Teachers College Record, 1989
This article investigates the uncertain history of academic freedom in public schools, from the viewpoint of the courts' understanding and related commentaries. Also considered is the magnitude of teachers' classroom discretion, and whether courts are likely to treat content and pedagogical conflicts differently. (IAH)
Descriptors: Academic Freedom, Censorship, Collective Bargaining, Court Litigation

Veraldi, Lorna – Contemporary Education, 1995
A discussion of sexual harassment on American college campuses focuses on the case of Silva v. University of New Hampshire. The article examines the university's responsibility to protect students from sexual harassment while at the same time protecting freedom of expression. Various examples are presented in an attempt to define sexual…
Descriptors: Academic Freedom, Civil Rights, College Faculty, College Students

Daly, James K.; And Others – Contemporary Education, 1995
An analysis of policy documents from six national organizations that promote intellectual and academic freedom for teachers and students supports the need for school systems to develop and articulate guidelines for addressing challenges to instructional methods and materials used in the schools. Recommended actions are discussed. (SM)
Descriptors: Academic Freedom, Censorship, Civil Rights, Democracy

Scott, M. M. – Academe, 1998
Intellectual property questions, as they concern college faculty, are composed of many issues and have substantial and far-reaching implications for the work of faculty and students and for administrative decision making. Both faculty and the American Association of University Professors must become involved to guard against incursions of academic…
Descriptors: Agency Role, College Administration, College Faculty, College Role
Taliaferro, Philip, III; Shirooni, Lucinda C. – American Educator, 1996
Describes one teacher's successful efforts to free herself from a disruptive, threatening student by using the law. The Cook versus Bray case illustrates that teachers do not have to tolerate students who ride roughshod over the rights of other students or teachers when the school administration chooses not to protect them. (GR)
Descriptors: Court Litigation, Discipline Problems, High School Students, Juvenile Courts

Ruben, Alan Miles – Journal of Law and Education, 2001
The author discusses what he considers to be the 10 leading cases on education labor relations decided in state and federal courts during the 1990s. Concludes with a prediction that efforts to implement merit-pay schemes tied to student performance will lead to employment conflict. (PKP)
Descriptors: Collective Bargaining, Constitutional Law, Court Litigation, Elementary Secondary Education
Keller, Bess – Education Week, 2004
It was not the longest strike in the history of U.S. teacher labor unrest, but it may be among the most infamous. Teachers in Middletown, N.J. walked out on a Friday in late November 2001, and were back in the classroom just over a week later. In between, 228 members of the Middletown Township Education Association were jailed for their action,…
Descriptors: Labor Problems, Teacher Strikes, Teacher Supply and Demand, Activism