The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

As popular support grows for improving education, the states are considering many different ways to attract better teachers into teaching and keep good teachers in the schools. Proposed reforms are being widely discussed, in national reports, state legislatures, and many other forums across the nation. Less widely discussed but also important are…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

An overview is provided of the issues, procedures, and prevailing judicial rationale for faculty tenure decisions in the state of Washington. All legal cases decided in Washington and cases from other jurisdictions that have had an impact on Washington law are summarized in this digest. Each case summary consists of an introduction of issues…

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…

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.…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

This is the seventh in a series of Educational Research Service (ERS) monographs designed to summarize judicial decisions on elementary and secondary education issues by state and federal courts. These cases, dating from June 30, 1983 to June 30, 1984, were selected on the basis of their relevance to contemporary problems in public schools, their…

This chapter analyzes more than 200 cases reported in 1986 involving public-sector employees in elementary and secondary education. Also included, where appropriate, are relevant 1986 Supreme Court cases from outside the field of education, as well as leading cases from prior years. Legal issues covered by the review include the following: (1)…