Education Law Commons^™

"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray

University of Richmond Law Review

In 1980, there were 233,000 local government employees in Virginia. Of this number, 60,588 were public school teachers employed by local school boards for the 1980-81 school year. Characterized as both professionals and public employees, public school teachers not only "teach the children" but perform many other duties crucial to the efficient operation of the schools. These additional responsibilities are generally assigned by the teacher's immediate supervisor, usually the school principal, under authority granted by the local school board. Like other state and local government employees in Virginia, teachers have no power to collectively negotiate their contracutal duties' which they …

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Student Employees And Collective Bargaining, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe

Washington Law Review

Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

The Dismissal Of Tenured Faculty For Reasons Of Financial Exigency, James L. Petersen

Indiana Law Journal

No abstract provided.

Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

Non-Renewal Of Untenured Teacher's Contract: Cook V. Hudson, Charles Holmes

North Carolina Central Law Review

No abstract provided.

New York Education Law Section 3031 As Fair Dismissal Procedure For The Probationary Teacher, Or Fair Is Foul, Elizabeth Lang

Buffalo Law Review

No abstract provided.

Impasse Resolution Mechanisms And Teacher Strikes, Diane L. Kaye

University of Michigan Journal of Law Reform

Public school teachers have no right to strike under Michigan law, but the power to strike exists. Michigan residents witnessed forty teacher strikes in the autumn of 1973 alone. Among them was the forty-four-day strike by Detroit teachers. The strikes during the past fall were not an unfortunate aberration. Ninety percent of the strikes in Michigan are by school teachers. In the public education context, the threat of a strike no longer brings negotiating parties together. A new mechanism for resolution of deadlocks in teacher-school board contract disputes is needed. This article describes the problem, outlines impasse resolution procedures presently …

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

In Defense Of Academic Judgment: A Comment, Maurice C. Benewitz

Buffalo Law Review

No abstract provided.

The Unions And The Cities. By Harry H. Wellington And Ralph K. Winter, Jr., Stephen R. Goldstein

Buffalo Law Review

No abstract provided.

In Defense Of Academic Judgment: Settling Faculty Collective Bargaining Agreement Grievances Through Arbitration, Bernard Mintz, Allan Golden

Buffalo Law Review

No abstract provided.

Toward A Law Of Academic Status, Matthew W. Finkin

Buffalo Law Review

No abstract provided.

Criminal Law—Faculty Member Entering School Building During Teachers Strike Found Guilty Of Criminal Trespass And Resisting Arrest., Vincent L. Morgan

Buffalo Law Review

People v. Horelick, 30 N.Y.2d 453, 285 N.E.2d 864, 334 N.Y.S.2d 623 (1972).

Non-Tenure Teachers: Procedural Rights Upon Dimissal, Brian S. Hucker

Loyola University Chicago Law Journal

No abstract provided.

The Dilemma Of The Professoriate, Matthew W. Finkin

Villanova Law Review (1956 - )

No abstract provided.

Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis

Cleveland State Law Review

Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.

Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty

Cleveland State Law Review

This article will investigate the extent to which the tenure benefits of due process are available to petitioners who can establish an "expectancy of employment." This due process, as to dismissal, includes notice, opportunity for a hearing and reasonable cause.