Higher Education Law: The Faculty

Front Cover
JHU Press, 2002 M01 21 - 352 pages

"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.

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Contents

Introduction
1
The Lay of the Land
5
Case Law
9
State Action
11
First Amendment Principles
16
Contractual Obligations
19
Immunity from Suit
22
Scholarship
25
Faculty Involvement in Institutional Governance and Operations
105
Conferences and Symposia
117
Academic Freedom at Religiously Affiliated Colleges and Universities
120
Concluding Thoughts
125
Faculty as Public Citizens
127
Faculty Membership in Controversial Organizations
139
Concluding Thoughts
140
Faculty as Employees
143

Obtaining Support for Scholarship
30
Ownership and Exploitation of Scholarly Work
34
Dissemination of and Access to Scholarly Work
46
Conflicts of Interest and Conflicts of Commitment
55
Concluding Thoughts
60
In the Classroom
63
Foundations of Academic Freedom
64
External Attacks on Faculty Classroom Autonomy
69
IntraUniversity Disputes about Faculty Teaching
71
Copyright and Teaching Materials
94
Concluding Thoughts
102
Faculty as Institutional Citizens
104
The Overlay of Nondiscrimination Law
158
Terms of Employment
182
Faculty Discipline
200
Concluding Thoughts
249
Final Observations on Faculty Law
253
The Risk of Personal Liability
254
Basic Sources of Legal Tension
256
Assessing the Laws Impact
258
Notes
261
Index
339
Copyright

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About the author (2002)

Steven G. Poskanzer is vice provost of the State University of New York.

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