Business Commons^™

Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols

Chris Jay Hoofnagle

In November 2004, the Association’s Council adopted Academic Freedom and Electronic Communications, a report prepared by a subcommittee of Committee A on Academic Freedom and Tenure and approved by Committee A. That report affirmed one “overriding principle”:

Academic freedom, free inquiry, and freedom of expression within the academic community may be limited to no greater extent in electronic format than they are in print, save for the most unusual situation where the very nature of the medium itself might warrant unusual restrictions—and even then only to the extent that such differences demand exceptions or variations. Such obvious differences between …

Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols

Anne Klinefelter

In November 2004, the Association’s Council adopted Academic Freedom and Electronic Communications, a report prepared by a subcommittee of Committee A on Academic Freedom and Tenure and approved by Committee A. That report affirmed one “overriding principle”:

Academic freedom, free inquiry, and freedom of expression within the academic community may be limited to no greater extent in electronic format than they are in print, save for the most unusual situation where the very nature of the medium itself might warrant unusual restrictions—and even then only to the extent that such differences demand exceptions or variations. Such obvious differences between …

Ten Steps In Trial Preparation, Maureen Seidel

Journal of Collective Bargaining in the Academy

No abstract provided.

Arbitrability And Framing The Issue, Maureen Seidel

Journal of Collective Bargaining in the Academy

No abstract provided.

Annual Legal Update, Aaron Nisenson

Journal of Collective Bargaining in the Academy

This was a year of great expectations in the field of higher education law, and it continues as such, with our expectations unfulfilled. There were some significant decisions issued shortly after the last Annual Conference. In June of 2013, the U.S Supreme Court issued five decisions of importance to faculty members and institutions: in Fisher (infra at pg. 12), the Court reaffirmed the legal standard applicable to affirmative action in higher education admissions; in two employment law cases, Nassar and Vance, (infra at pg. 14-15) the Court addressed the standard of proof in retaliation cases and the issue of supervisory …

Recent Developments At The National Labor Relations Board And The Impact On Colleges And Universities, Nicholas Digiovanni Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.

Impacts Of Moocs On Intellectual Property Rights And Collective Bargaining, Nicholas Anastasopoulos

Journal of Collective Bargaining in the Academy

Massive Open Online Courses (“MOOCs”) are free, online courses offered by institutions of higher education to individual users across the world, and in the vast majority of cases, without any admissions criteria. MOOCs are popular with individuals because they offer unprecedented, free access to the best institutions in the world that were previously inaccessible to the vast majority of the population–all a user needs is a computer and Internet access. College and university administrators are excited about MOOCs because of the marketing reach and additional revenues available through this medium. Professors are excited to have their lectures seen by as …

Moocs: When Opening Doors To Education, Institutions Must Ensure That People With Disabilities Have Equal Access, Nicholas Anastasopoulos, Amanda Marie Baer

Journal of Collective Bargaining in the Academy

Massive Open Online Courses (“MOOCs”) are free online courses offered by institutions of higher education to individuals across the world, without any admissions criteria. Through web-based courses hosted by MOOC platforms, such as Coursera or edX, student-participants learn by accessing media, including documents, pictures and uploaded lectures on the course website.

While MOOCs may make access to education easier for individuals with certain disabilities, their format may render the courses inaccessible to individuals who have vision or hearing impairment. Many individuals with vision impairment use “assistive technology,” such as screen readers and voice recognition software, to use computers and access …

Interest-Based Bargaining In Higher Education, Jim Castagnera

Journal of Collective Bargaining in the Academy

No abstract provided.

Interest Based Negotiations Cheat Sheet, Conrad Bowling

Journal of Collective Bargaining in the Academy

No abstract provided.

Interest Based Problem Solving - Problem Statement Sheet, Conrad Bowling

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout 4: American Bar Association - Confidentiality When Lawyer Represents Multiple Clients In The Same Or Related Matters, John Gaal

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout 3: Transactions With Persons Other Than Clients, John Gaal

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout 2: Ethics In Higher Education Part 2, John Gaal

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout 1: Ethics In Higher Education, John Gaal

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout: University Of Hawai'i Faculty Contract, Richard Westbury Nettell

Journal of Collective Bargaining in the Academy

No abstract provided.

Countering Contingency?, Richard Westbury Nettell

Journal of Collective Bargaining in the Academy

The University of Hawai‘i Professional Assembly (UHPA) represents higher education faculty across the state, in a system that includes one major research university, two four-year colleges, and six community colleges. Qualification to be a member of the bargaining unit (and receive full health benefits) is 50% employment. Furthermore, the term “faculty” includes not only instructional faculty (including lecturers, who are by definition temporary, and instructors, who are longer-term but non-tenure-track), but also researchers, librarians, counselors, and others who come under the general designation of specialist. This basically means everyone working in the state’s higher education system is part of the …

Article Xxi(A), Non-Tenure Track Faculty Contract (Amherst), Holly Lawrence

Journal of Collective Bargaining in the Academy

No abstract provided.

Taking The Adjunct Out Of Adjunct Faculty, Holly Lawrence

Journal of Collective Bargaining in the Academy

No abstract provided.

Distance Learning Best Practices And Collective Bargaining, Michael M. Mcdermott

Journal of Collective Bargaining in the Academy

No abstract provided.

An Exploratory Multi-Case Study Of The Perceptions And Views Of Academic Faculty Union Members Relative To Online Distance Education, Collective Bargaining & Related Policy, Dianne A. Wright, Damon A. Davis

Journal of Collective Bargaining in the Academy

No abstract provided.

Protecting Academic Freedom For Faculty Working On Contingent Contracts: Contract Language For Full-­‐Time Faculty At Wright State University, Rudy Fichtenbaum

Journal of Collective Bargaining in the Academy

No abstract provided.

Collective Bargaining Results Regarding Contingent Faculty, Rudy Fichtenbaum

Journal of Collective Bargaining in the Academy

No abstract provided.

Contingent Faculty In Higher Education, Ken Hawkinson

Journal of Collective Bargaining in the Academy

No abstract provided.

A Provost's View, Margaret E. Winters

Journal of Collective Bargaining in the Academy

No abstract provided.

Using Social Media In Your Negotiations, Michael T. Loconto

Journal of Collective Bargaining in the Academy

In the age of social media, public pronouncements

on private negotiations have

become increasingly common. Social media

is affecting negotiations in other ways

as well. What potential benefits do socialmedia

formats lend to negotiation, and

what pitfalls do the technologically savvy

need to guard against? In this article, we

examine the pros and cons of negotiating in

the digital age.

Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols

Journal of Collective Bargaining in the Academy

In November 2004, the Association’s Council adopted Academic Freedom and Electronic Communications, a report prepared by a subcommittee of Committee A on Academic Freedom and Tenure and approved by Committee A. That report affirmed one “overriding principle”:

Academic freedom, free inquiry, and freedom of expression within the academic community may be limited to no greater extent in electronic format than they are in print, save for the most unusual situation where the very nature of the medium itself might warrant unusual restrictions—and even then only to the extent that such differences demand exceptions or variations. Such obvious differences between …

Fiduciary Tool Kit For Compliance: Common Errors In Qualified And Nonqualified Retirement Plan Administration, Susan E. Bernstein, Mark E. Brossman, Hugh A. Mallon Iii

Journal of Collective Bargaining in the Academy

The Investment Company Institute reported that

U.S. retirement plan assets reached $21.7 trillion

as of Sept. 30, 2013, which represents 34 percent of

all household financial assets in the U.S.1 The Department

of Labor reported in June 2013 that 88.7 million

Americans have defined contribution plan accounts,

based on data from 2011 annual reports.2 With so many

millions of people depending on these plans for retirement

security, the government has placed significant legal

requirements on the role of fiduciaries. Employers

that sponsor retirement plans are being put under an increasingly

high degree of scrutiny for their actions and

inactions with …

Legislative Perspectives On Effectiveness And Cost Savings In Higher Education, Stephen G. Katsinas

Journal of Collective Bargaining in the Academy

No abstract provided.

Who Owns Online Curriculum And Content? A Primer On Intellectual Property, Jon Garon

Journal of Collective Bargaining in the Academy

The ownership of copyrights in a faculty member’s copyrighted works has been a source of tension between labor and management for many years, affecting content created for the classroom, for scholarship, and for creative endeavors. Ownership of on-line learning content adds to these tensions and presents a number of important labor-management and pedagogical issues. The legal default rules of copyright provide the starting point for negotiations between labor and management. This panel will explore whether the institution or the faculty member owns the intellectual property associated with on-line learning, course content, and other works. In addition, it will present practical …