Before 1980, academic-freedom litigation favored teachers over school boards. As a 1998 case involving termination of a popular creative-writing teacher shows, today's judges rely on decision makers' judgement. Courts view academic freedom as the province of school boards and administrators, who determine how it is exercised. (MLH)

The court decision in Bishop vs. Aronov, that public universities may suppress a professor's classroom comments on his personal religious beliefs, is discussed, focusing on the conflict between a professor's right to express personal religious beliefs and a university's right to take action to limit that expression. (Author/MSE)

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

Presents a hypothetical case to explore the legal issues involved when university students, professors, and the institution itself all assert their right to academic freedom. (EV)

This volume is part of a series of monographs from Australia devoted to outlining an alternative approach, based on neo-Marxist concepts, to educational administration. The introductory essay in the volume is an argument for the democratization of education by establishing a case for changing schools: by discussing industrial democracy as a…

As schools move from corporate to collegial forms of organization, it will become necessary to adapt evaluation systems to collegial environments. This paper outlines a system that utilizes features of professional self-regulation from higher education while maintaining dispute resolution mechanisms from the public sector. Features of the system…

New Mexico State University addressed the trend toward employing non-tenure-track faculty (NTTs) by capping the proportion of NTTs; acceptance of a two-tiered faculty with differentiated responsibilities; extension of professional rights to NTTs; full and regular NTT evaluation, participation in merit pay, and promotion opportunities; and…

Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…

In a lawsuit brought by six Virginia public university professors, a federal district court ruled that access to Internet material for academic purposes was a matter of public concern and that plaintiffs' interest in that material outweighed the state's regulating interests. The Fourth Circuit's reversal gave the state extensive authority over…

The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

The purpose of this study, conducted as part of the National Data Base on Faculty Involvement in Governance Project, was to examine the perceptions of full-time faculty at a private professional graduate school of their involvement in governance in relation to an ideal system of shared authority and involvement. Data were collected using a survey…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…