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Tenure Discrimination And The Courts
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Book Synopsis Tenure, Discrimination, and the Courts by : Terry L. Leap
Download or read book Tenure, Discrimination, and the Courts written by Terry L. Leap and published by Cornell University Press. This book was released on 1995 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated, the new edition of Tenure, Discrimination and the Courts provides a lucid overview of the case law involving charges of discrimination made by faculty members against institutions of higher learning. For those whose academic jobs may be at risk and for those who may be asked to decide the professional fate of their colleagues, this book is an essential resource.
Author :American Association of University Women. Educational Foundation Publisher :American Association of University Women ISBN 13 : Total Pages :120 pages Book Rating :4.F/5 ( download)
Book Synopsis Tenure Denied by : American Association of University Women. Educational Foundation
Download or read book Tenure Denied written by American Association of University Women. Educational Foundation and published by American Association of University Women. This book was released on 2004 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines legal cases in which deserving female college professors who have not received tenure have sued on the grounds of sex discrimination. Also highlights the inequality between male and female professors in America's universities.
Book Synopsis Tenure, Promotion, and Reappointment: Legal and Administrative Implications by : Benjamin Baez
Download or read book Tenure, Promotion, and Reappointment: Legal and Administrative Implications written by Benjamin Baez and published by Jossey-Bass. This book was released on 1995-02-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this report, Benjamin Baez, an instructor of higher education at Syracuse University, and John A. Centra, professor and chairman of the Higher Education program at Syracuse University, have developed a comprehensive view of faculty legal issues concerning tenure, promotion and reappointments. They address the primary areas of litigation...Baez and Centra have provided an analysis that will be extremely useful for institutions to begin a comprehensive legal-education program for their academic leadership" -- Foreword, xiv.
Book Synopsis Judicial Influence on Academic Decision-making by : Julee Tate Flood
Download or read book Judicial Influence on Academic Decision-making written by Julee Tate Flood and published by . This book was released on 2012 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examined judicial influence on academic decision-making by identifying factors in the tenure process that have induced courts to rule against higher education institutions in litigation stemming from tenure denials. Many interdisciplinary legal and educational studies have been conducted pertaining to tenure related litigation using qualitative, quantitative, and legal research methodologies. Empirical studies have been directed at varied issues, such as the peer review process; specific claims, such as discrimination; types of institutions; or time periods. Much of this scholarship has noted the importance of judicial deference to decisions made in academia. Unique to this study was the application of dual conceptual frameworks of shared governance and judicial deference as to decisions made in the academic tenure denial process. The study was also unique in that it was limited to tenure litigation cases in which institutions did not wholly prevail. Included in the study were published judicial opinions from the period of 1972 to 2011 from the U.S. Supreme Court, U.S. Courts of Appeal, and states highest appellate courts. The study sought to determine first, the policies and procedures employed in public and private colleges and universities that have contributed to federal and state appellate courts unfavorable rulings against institutions in tenure denial litigation; second, the remedies granted to faculty plaintiffs who prevail in tenure denial litigation; and finally, the steps that colleges and universities can take to minimize and mitigate tenure denial litigation. Complementary legal and qualitative research methods yielded evidence that courts were highly deferential to academic decision-making and that courts ruled against institutions tenure decisions when the decisions were contrary to law. Courts granted legal and equitable remedies when institutions infringed upon a professors rights, discriminated against a professor, or breached a contract with a professor. Based on the analysis of case law, this study proposed steps that institutions could take to avoid or mitigate tenure denial litigation. By gaining a better understanding of potential flaws in the tenure process and why courts have substituted judicial decisions for those of institutional decisions, this study contributes to our understanding as to how to decrease the influence of the courts on decisions made in academia.
Book Synopsis Academics in Court by : George R. LaNoue
Download or read book Academics in Court written by George R. LaNoue and published by . This book was released on 1987 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the lawsuits alleging sex or race discrimination brought by five academics against their university employers
Book Synopsis Suing Alma Mater by : Michael A. Olivas
Download or read book Suing Alma Mater written by Michael A. Olivas and published by JHU Press. This book was released on 2013-07-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This careful reading of six legal cases in American higher education is an essential primer for understanding contemporary litigation. Winner of the Steven S. Goldberg Award for Distinguished Scholarship in Education Law of the Education Law Association Although much has been written about U.S. Supreme Court decisions involving higher education, little has been said about the foundational case law and litigation patterns emerging from the lower courts. As universities become increasingly legislated, regulated, and litigious, campuses have become testing grounds for a host of constitutional challenges. From faculty and student free speech to race- or religion-based admissions policies, Suing Alma Mater describes the key issues at play in higher education law. Eminent legal scholar Michael A. Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations,” like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. He reviews more than 120 college cases brought before the Supreme Court in the past fifty years and then discusses six key cases in depth. Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today.
Download or read book Unequal written by Sandra F. Sperino and published by Oxford University Press. This book was released on 2017-05-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Book Synopsis Tenure, Three Views by : James O'Toole
Download or read book Tenure, Three Views written by James O'Toole and published by Transaction Publishers. This book was released on 1979-01-01 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Affirmative Action, Hate Speech, and Tenure by : Benjamin Baez
Download or read book Affirmative Action, Hate Speech, and Tenure written by Benjamin Baez and published by Routledge. This book was released on 2013-12-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniquely positioned as both a scholar and an attorney, Benjamin Baez provides a thought-provoking exploration on the current debate surrounding race and academic institutions.
Book Synopsis Higher Education Law by : Steven G. Poskanzer
Download or read book Higher Education Law written by Steven G. Poskanzer and published by JHU Press. This book was released on 2003-05-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Do we need to talk to our lawyers about this?" "What do the attorneys say?" "Why didn't you get the lawyers involved before now?" Just about every department chair and dean, certainly every provost and president, and an ever-increasing number of faculty find themselves asking—or being asked—such questions. Dealing with issues ranging from academic freedom to job security and faculty discipline, lawyers, legal requirements, and lawsuits has become an established part of the apparatus of American higher education. Higher Education Law was written to help faculty and administrators navigate critical legal issues and avoid potential legal pitfalls. Drawing on his experience as university counsel, administrator, and teacher at a number of institutions, Steven G. Poskanzer explains the law as it pertains to faculty activities both inside and outside the academy, including faculty roles as scholars, teachers, and members of institutional communities, as well as employees and public citizens. In each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve.
Book Synopsis The Colleges, Their Constituencies and the Courts by : Robert M. Hendrickson
Download or read book The Colleges, Their Constituencies and the Courts written by Robert M. Hendrickson and published by . This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal concepts and issues as they apply to colleges and universities, including the key cases, state and federal statutes, and administrative rules and regulations. Chapter 1 describes the legal parameters of the nation's court system and the historical heritage of both public and private institutions of higher education. Chapters 2 and 3 address the scope of legal control of institutional boards of trustees and describe the imperatives of sunshine laws that require state governmental organizations and agencies to operate openly and publicly. Chapter 4 is devoted to faculty employment issues. The quest for equity and diversity in employment in higher education is the focus of Chapter 5. Employment issues involving sexual harassment are addressed in Chapter 6. Chapter 7 is devoted to collective bargaining in higher education and provides the case law that sets the legal parameters for determining which collective bargaining issues are grievable. Chapter 8 is about student-institutional relationships; it examines such issues as admissions access, affirmative action, gender discrimination, discrimination surrounding disabilities, and standardized tests in admissions. Chapter 9 considers liability issues related to the student-institutional relationship. A table of cases is appended. (DB)
Book Synopsis Judicial Tenure in the United States by : William Seal Carpenter
Download or read book Judicial Tenure in the United States written by William Seal Carpenter and published by . This book was released on 2015-07-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Judicial Tenure in the United States: With Special Reference to the Tenure of Federal Judges The following study is designed to present the historical development of two phases of the American judicial system: the influence of the exercise of the doctrine of judicial review upon the position of the courts, and the political reactions affecting the tenure of the judges. The growth of the doctrine of judicial review in the formative period of American institutions had a profound influence upon subsequent constitutional development. When the judges, with popular approval, became the custodians of the Constitution a really independent judiciary became necessary to enable the courts fearlessly to mark out the provinces of the other departments of government. Attempts to check the exercise of judicial power have invariably taken the form of assaults upon the security of tenure of the judicial office. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Book Synopsis Managing Risk in High-Stakes Faculty Employment Decisions by : Julee T. Flood
Download or read book Managing Risk in High-Stakes Faculty Employment Decisions written by Julee T. Flood and published by ILR Press. This book was released on 2018-11-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the risks involved in hiring new faculty is becoming increasingly important. In Managing Risk in High-Stakes Faculty Employment Decisions Julee T. Flood and Terry Leap critically examine the landscape of US institutions of higher learning and the legal and human resource management practices pertinent to college and university faculty members. To help minimize the potential pitfalls in the hiring and promotion processes, Flood and Leap suggest ways that risk management principles can be applied within the unique culture of academia. Claims of workplace harassment and discrimination, violation of free speech and other First Amendment rights, social movements decrying unequal hiring practices, and the growing number of non-tenure track and adjunct faculty, require those involved in hiring and promotion decisions to be more knowledgeable about contract law, best practices in hiring, and risk management, yet many newly appointed administrators are often not sufficiently trained in these matters or in understanding how they might be applied in an academic setting. Human resource departments, hiring committees, department chairs, and academics seeking faculty jobs need resources such as Managing Risk in High-Stakes Faculty Employment Decisions now more than ever. Outlines critical issues affecting U.S. higher education Analyzes the social and psychological biases that can arise during hiring, promotion, and tenure decisions Discusses contract and constitutional law from the perspective of institutions of higher learning Illustrates complex interactions that shape contractual, constitutional, and collegial issues in institutions of higher learning Examines contract rights and controversies for tenured and tenure-track faculty Describes how risk management processes can help to deal with these complicated, but critical, issues Addresses constitutional issues associated with academic freedom and free speech on campus Investigates the nebulous, but important, issue of collegiality Discusses the future for institutions of higher learning in hiring faculty
Book Synopsis Text, Cases and Materials on Sex-based Discrimination by : Herma Hill Kay
Download or read book Text, Cases and Materials on Sex-based Discrimination written by Herma Hill Kay and published by . This book was released on 1996 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unequal Profession written by Meera E Deo and published by Stanford University Press. This book was released on 2019-02-05 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the experiences of women of color law school faculty and the effect of race and gender on legal education. This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes several mechanisms to increase diversity within legal academia and to improve the experience of all faculty members. Praise for Unequal Profession “Fascinating, shocking, and infuriating, Meera Deo’s careful qualitative research exposes the institutional practices and cultural norms that maintain a separate and unequal race-gender order even within the privileged ranks of tenure-track law professors. With riveting quotes from faculty across a range of institutional and social positions, Unequal Profession powerfully reminds us that we must do better. I saw my own career in this book—and you might, too.” —Angela P. Harris, University of California, Davis “A powerful account of inequality in legal academia. Quantitative data and compelling narratives bring to life the challenges and roadblocks in gaining not just entry and tenure but also respect for the voices of minority women within the academy. There are no easy remedies, but reading this book is a good place to start for lawyers and law professors to understand what minority women face and which practices can increase the odds of success.” —Bryant G. Garth, University of California, Irvine “Unequal Profession should be mandatory reading for everyone in legal academia . . . . By providing concrete evidence of systemic discrimination, Meera Deo illuminates a long-standing problem needing to be remedied.” —Sarah Deer, University of Kansas
Book Synopsis Sex Discrimination Law in Higher Education by : J. Ralph Lindgren
Download or read book Sex Discrimination Law in Higher Education written by J. Ralph Lindgren and published by Study of Higher Education. This book was released on 1984 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The obligations of colleges and universities under existing laws prohibiting sex discrimination are discussed. Attention is directed to developments in the law relating to sex discrimination against employees and against students in colleges and universities, and practical and cost-efficient strategies for complying with the law. The pertinent laws on sex discrimination against employees, job applicants, and students are cited. The employee-related laws address hiring, retention, promotion, tenure, salary and fringe benefits, sexual harassment, and affirmative action practices for government contracts. Judicial decisions are based on the prima facie case, rebuttal, pretext, and the discovery of confidential faculty evaluations. The laws on sex discrimination against students address practices in admissions, tuition rates, financial aid, sexual harassment, student organizations, student services, housing and parietal rules, and athletics. Three strategies for compliance are: (1) carefully selecting and training key academic and administrative personnel, including faculty who serve on review and search committees; (2) implementing a management control system; and (3) securing indemnification against losses suffered as a result of unintentional discrimination. (SW)
