Almost thirty years ago, Justice William Brennan saw clearly that American higher education was coming under the same pressures to "cut costs and increase efficiencies" to which market forces were subjecting businesses. Since Justice Brennan's observation, employers generally have sought to maximize their "flexibility' by creating a…

Reviews three Massachusetts court cases involving nontenured teachers that helped delineate the scope of an arbitrator's authority. (Author/IRT)

Discusses cases involving the application of the Bill of Rights of the Federal Constitution to State laws relating to untenured teachers. (JF)

Accents the situation of nontenured teachers in private colleges who allege that for some other reason their nonreappointment involves a denial of due process. (Author/JF)

Available from Commerce Clearing House, Inc., 4025 West Peterson Ave., Chicago, Illinois 60646. (JG)

The 1978 amendments of the Age Discrimination in Employment Act tenure exemptions are discussed. The question of whether faculty members now serving in nontenured capacities can be dismissed on the basis of age is examined. A rebuttal to an article by Stuart H. Bompey is included. (MLW)

Analyzes case law on the denial of tenure after a review. Addresses the following issues: due process, access to reviewed materials and deliberations, authority of the ultimate decision-makers, claimed violations of civil rights, liability claims, and quests for damages. Presents recommendations for making higher education policies and practices…

Court decisions regarding appointment, renewal, and termination of nontenured faculty members are reviewed with the conclusion that if further incursion of the courts into the internal affairs of universities is to be avoided both faculty and administrators should reexamine and change policies and procedures to comply with current court decisions.…

Existing regulations, case law, and limited legislative history indicate that an institution can continue to employ faculty without tenure after age 65. However, once tenure is removed, the faculty member is entitled to all the protection of the Age Discrimination in Employment Act. (MSE)