In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (IRT)

A U.S. Court of Appeals has upheld significant portions of an arrangement allowing Rutgers University faculty to pay agency fees in lieu of union dues and still be covered by a collective bargaining contract, despite contention that aspects of the agreement violated their constitutional rights to free speech. (MSE)

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

Due process procedures that are judicially required in public colleges and universities when tenured faculty are involuntarily terminated for cause were identified through analysis of federal case law. Other areas of case law pertaining to due process were reviewed, including student dismissals from public colleges and universities, and property…

Reviews the "Horowitz" case and offers a version of the traditional due process formula that would emphasize the fundamental nature of the claim to procedural due process when significant interests are adversely affected by government action. Available from University of Iowa College of Law, Iowa City, IA 52242. (Author/IRT)

The result of court litigation on the expulsion of a medical student is questioned, and a modified version of the traditional due process test is recommended. The test would be for "substantial deprivation of a significant interest." Available from State University of Iowa, College of Law, Iowa City, IA 52240. (MSE)

The impact on college tenure and promotion practices of a Supreme Court decision, "University of Pennsylvania versus the Equal Employment Opportunity Commission," is discussed. The decision required the university to disclose confidential tenure files to the EEOC in the investigation of employment discrimination charges. (MSE)

The case involves the academic dismissal of a female medical student and her allegation of denial of due process. Other related decisions are reviewed. It is concluded that this decision endangers the vitality of the concept of due process. Available from "NY Law School Law Review," 57 Worth St., New York, NY 10013. (MSE)

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

It is believed that the courts have intruded on the prerogatives of academics to use peer evaluations in personnel decisions. An analysis of academic discrimination cases in the federal courts demonstrates that judicial review is deferential to peer judgments and appears to have little impact on colleges' faculty personnel policies. (Author/MLW)

Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)

The Supreme Court has ruled in several cases that schools must formulate rules and regulations that do not infringe on a student's right to free and unrestricted expression as guaranteed to them under the First Amendment. In two separate cases, the Court decided that students may wear buttons or armbands that express a particular position on an…

The Supreme Court's opinion and concurring opinion in a case limiting the right of courts to overturn academic decisions, based on the case of university's dismissal of a student after his failure of an important examination, are presented. (MSE)