Examines present lack of judicial restraint by analyzing "Missouri v. Jenkins," a case upholding a court-ordered tax increase to fund school desegregation. Maintains that elected representatives placate interest groups and abdicate power in favor of the courts when political decisions are unpopular. Questions the implications for future…

Judicial decisions affecting educational policy and management that were handed down in 1993 by state and federal courts are summarized and analyzed in this book. The analyses are divided into nine topical chapters: (1) "Employees" (Ralph D. Mawdsley); (2) "Bargaining" (Charles J. Russo); (3) "Pupils" (Henry S.…

This paper presents an examination of case law on faculty tenure and promotion as they are affected by institutional financial exigency and an examination of case law on personnel and faculty evaluation. An opening section reviews growing demands for accountability in higher education including legislatively mandated assessment of faculty and of…

Judicial decisions affecting educational policy and management that were handed down in 1992 by state and federal courts are summarized and analyzed in this book. The analyses are divided into nine topical chapters: (1) "Employees" (Ralph D. Mawdsley); (2) "Bargaining" (Charles J. Russo); (3) "Pupils" (Henry S.…

Two addresses presented at a conference of top administrators of traditionally black colleges are presented. In "The Clarion Call: Imperatives for the Pursuit of Excellence," Robert J. Albright discusses urgent issues in the survival and strengthening of historically black institutions. The paper begins by examining the significance of…

Judicial review of college and university decisions regarding faculty and other employees continues to encompass a broad range of actions, including selection and appointment; evaluation of performance; substantive and procedural aspects of nonretention or dismissal; alleged employment discrimination based upon sex, race, age, or national origin;…

In this chapter on decisions made by federal and state courts during 1983 concerning school property it is noted that no new trends emerged during the year. Among the topics addressed are the extent of school board authority over property use and other property matters; the attachment and detachment of land from school district holdings; school…

The purpose of this chapter is to offer an overview and analysis of all the cases rendered during 1980 concerning the legal parameters of employment issues in institutions of higher education. Judicial review of employment decisions encompassed a broad range of actions, including selection and appointment; dismissal and nonrenewal; the termination…

This book defines the relationship between higher education corporations and their various constituencies: federal, state and local governments; employees; and students. The first chapter, "Higher Education Law," details the legal background. The second chapter, "Intergovernmental Relations," discusses litigation which defined…

This book is limited to a study of the education opinions of the Supreme Court during the time that Warren Earl Burger served as Chief Justice. Over 100 opinions having direct bearing on education were issued during the Burger years, a total greater than in the entire Court's history. The first chapter presents the history of the establishment of…

This sixth chapter of "The Yearbook of School Law, 1986" identifies 354 state and federal court decisions handed down in 1985 affecting local district boards of education or the property of institutions of elementary, secondary, and higher education. Topics involve the relative power of school boards of education and state officials;…

Decisions made by federal and state courts during 1983 concerning education are reported in this compilation of eight independently authored chapters. The first chapter focuses on governance, examining the organizational and authority relationships among state and local boards of education and the general public. The chapter on employees considers…

During the summer of 1978 the College Board sponsored a series of six seminars throughout the United States to provide a forum for discussion of the Supreme Court's decision on the case of Regents of the University of California v. Allan Bakke. The first section of this report summarizes the discussions in the seminars, outlining the salient…

This thirty-second edition of the "Yearbook" is a comprehensive reference to recent state appellate and federal court decisions that affect the operation, management, and governance of public elementary and secondary schools and higher education institutions in the United States. This edition includes all reported cases relevant to public schools…

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"…