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.…

By analyzing contemporary literature, this paper posits a federal role in what is seen as a trend toward "normalizing" college faculty positions and shifting control away from state and local jurisdictions. Three factors are seen as contributing to this shift. The first is the government's role in funding the hard sciences which has, in…

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 first chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 250 state and federal court decisions handed down in 1985 affecting the legal rights of employees of public schools and state education agencies. Among the topics examined are discrimination on the basis of race, religion, sex, national origin, age, and handicap;…

The collective bargaining agreement between the Rhode Island Board of Governors and the University of Rhode Island Chapter of the American Association of University Professors covering the period of 1987-1990 is presented. The university is defined as the administration of the University of Rhode Island, including the president and other…

This book is about teachers and the laws that affect them. New to this sixth edition are new court cases and a chapter that highlights likely controversies in the coming years, including school choice, high-stakes testing, control of the Internet, and gang clothing. The book is divided into two parts. Part I, "The Legal Aspects of Teaching,"…

The collective bargaining agreement between Utica College of Syracuse University and the Utica chapter of the American Association of University Professors (AAUP), covering the period September 1, 1987 through June 30, 1990, consists of the following articles: purpose and intent; recognition; management rights; agreement subject to applicable law;…

Complete information about the Michigan Teachers' Tenure Act is presented in this 12-chapter volume. Tenure is an employment security device giving permanent status and protection against dismissal except for stated cause. An overview discusses tenure's advantages and disadvantages and legislation in Michigan that culminated in the 1964 Teachers'…

This contract between Curry College and the Curry College chapter of the American Association of University Professors (AAUP) covering the period 1987-1990, consists of the following articles: recognition of agent; definitions; academic freedom; no discrimination; exchange of information; agent's rights; agency shop; payroll deduction; health and…

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)…

This handbook explains the legal principles underlying the Illinois public education system, thereby providing teachers, administrators, and school board members with an understanding of the nature of the public school as a social and governmental institution. It also considers the legal status of Illinois teachers by defining their rights,…