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Burkholder, John David – Journal of Law and Education, 1989
Religious rights of teachers are affected in three primary areas of activities: (1) outside the school environment; (2) inside the school environment; and (3) inside the classroom. These issues are examined from the perspective of the constitutional principles involved. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Public Schools
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Reuter, E. Edmund, Jr. – West's Education Law Reporter, 1989
Two federal circuit court cases clarify the transactional relationship between the teacher and the educational institution: "McConnell v. Howard University" focuses on the institution's responsibility to provide a proper academic atmosphere; "Maples v. Martin" recognizes the rights of public college professors to communicate professional concerns…
Descriptors: Academic Freedom, Accrediting Agencies, Court Litigation, Federal Courts
Jaschik, Scott – Chronicle of Higher Education, 1989
The Supreme Court decision in Martin vs. Wilks gives employees dissatisfied with affirmative action hiring plans the right to mount legal challenges to them years after adoption, even if employees did not challenge the plans originally. Some say the plans are vulnerable to new legal challenges, while others say they are not. (MSE)
Descriptors: Affirmative Action, Court Litigation, Federal Courts, Higher Education
Reutter, E. Edmund, Jr. – West's Education Law Quarterly, 1994
Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…
Descriptors: Academic Freedom, Elementary Secondary Education, Federal Courts, Freedom of Speech
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Ricketson, Sam – Australian Universities' Review, 1993
The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…
Descriptors: Administrative Policy, College Faculty, Consultants, Copyrights
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Bjorklun, Eugene C. – Religion & Public Education, 1992
Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)
Descriptors: Academic Freedom, Civil Liberties, Constitutional Law, Creationism
DeMitchell, Todd A. – West's Education Law Quarterly, 1993
Both the community and the teaching profession are claiming ownership of the problem of the impact of a teacher's private life on his employment status. An analysis uses a construct developed by Joseph R. Gusfield with components of ownership, causation, and political responsibility. (44 references) (MLF)
Descriptors: Community Attitudes, Court Litigation, Elementary Secondary Education, Privacy
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Frank, Bob – Journal of the Association for Communication Administration (JACA), 1993
Discusses what drama teachers, directors, and administrators should know about the legal limits of their freedom of expression. Discusses the limitations imposed by the courts on administrative officials regarding their ability to control or regulate what theater students and teachers do. (RS)
Descriptors: Academic Freedom, Administrators, Court Litigation, Freedom of Speech
Hess, Frederick; Maranto, Robert A. – American School Board Journal, 1999
Tenure has lost public legitimacy. Of 30 states reforming civil-service systems or proposing reforms, Georgia has gone the farthest. Since 1996, new state government hires have been "at will" employees. Erosion of private-sector union strength may aid antitenure political leaders' efforts. A sidebar outlines states' actions. (10…
Descriptors: Due Process, Educational Change, Elementary Secondary Education, Finance Reform
Zirkel, Perry A. – Phi Delta Kappan, 2001
The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)
Descriptors: Constitutional Law, Contracts, Court Litigation, High Schools
Zirkel, Perry A. – Phi Delta Kappan, 2002
Discusses a federal district court decision ordering a trial to determine if the New York City Public Schools created a "hostile work environment" in violation of the Equal Employment Opportunity Act by not protecting a Sri Lankan-born teacher from repeated ridicule and harassment by students. (Contains 10 references.) (PKP)
Descriptors: Court Litigation, Discipline, Elementary Secondary Education, Federal Courts
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Rabban, David M. – Academe, 2001
Describes important court decisions which illustrate the relationship and potential tension between the academic freedom of an individual professor and the academic freedom of the university as an institution. (EV)
Descriptors: Academic Freedom, College Faculty, Court Litigation, Faculty College Relationship
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Clarke, Paul – Journal of Educational Administration and Foundations, 1999
Canadian public school boards still discriminate against homosexual educators. In British Columbia and Manitoba, recent court challenges raise questions about disciplining educators on the basis of sexual orientation and discussion of homosexuality in the classroom. Employment sanctions based on sexual orientation alone violate basic human and…
Descriptors: Boards of Education, Constitutional Law, Court Litigation, Elementary Secondary Education
Eckes, Suzanne; McCarthy, Martha – National Association of Secondary School Principals (NASSP), 2006
Newly hired teachers regularly have questions about whether their lifestyles and actions outside of school could have repercussions on their career. Because they are expected to be role models for their students and thus held to a higher level of discretion than the general citizenry, educators have had restrictions placed on their living…
Descriptors: Role Models, Privacy, School Personnel, Teacher Rights
Haar, Charlene K.; Lieberman, Myron – 1999
This booklet, one in the Education Policy Institute series about teacher union issues, examines issues related to membership in the National Education Association (NEA) and American Federation of Teachers (AFT). Both unions aggressively strive to enroll more members or require teachers to pay agency fees. If teachers want to change union policy,…
Descriptors: Educational Policy, Elementary Secondary Education, Labor Relations, Policy Formation
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