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Schierenbeck, Jack – American Educator, 1997
Provides excerpts from the six-part history of the United Federation of Teachers, New York City to show that most of the day-to-day rights and dignities teachers now take for granted once had to be wrested from a reluctant and uncooperative system. Suggests that the struggle to maintain these rights is continuing. (GR)
Descriptors: Collective Bargaining, Educational History, Elementary Secondary Education, Labor Demands

Rossi, Anna L. – Journal of College and University Law, 2003
Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…
Descriptors: College Faculty, Court Litigation, Freedom of Speech, Government School Relationship
Zirkel, Perry A. – Phi Delta Kappan, 2002
Analyzes Massachusetts case involving Salem State College decision to prevent a student from continuing his student teaching at an elementary school because of his continued expression of strongly held religious views in the classroom. First Circuit Court of Appeals upheld the college's decision rejecting the student's claim that his 1st and 14th…
Descriptors: College Programs, Court Litigation, Elementary Education, Freedom of Speech

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

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
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

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

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

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