Tenure, Discrimination, and the Courts

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Release : 1995
Genre : Business & Economics
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Book Rating : 483/5 ( reviews)

Tenure, Discrimination, and the Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Tenure, Discrimination, and the Courts write by Terry L. Leap. This book was released on 1995. Tenure, Discrimination, and the Courts available in PDF, EPUB and Kindle. 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.

Tenure Denied

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Release : 2004
Genre : Business & Economics
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Book Rating : /5 ( reviews)

Tenure Denied - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Tenure Denied write by American Association of University Women. Educational Foundation. This book was released on 2004. Tenure Denied available in PDF, EPUB and Kindle. 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.

Tenure, Promotion, and Reappointment: Legal and Administrative Implications

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Release : 1995-02-14
Genre : Business & Economics
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Book Rating : /5 ( reviews)

Tenure, Promotion, and Reappointment: Legal and Administrative Implications - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Tenure, Promotion, and Reappointment: Legal and Administrative Implications write by Benjamin Baez. This book was released on 1995-02-14. Tenure, Promotion, and Reappointment: Legal and Administrative Implications available in PDF, EPUB and Kindle. "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.

Judicial Influence on Academic Decision-making

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Release : 2012
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Judicial Influence on Academic Decision-making - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Influence on Academic Decision-making write by Julee Tate Flood. This book was released on 2012. Judicial Influence on Academic Decision-making available in PDF, EPUB and Kindle. 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.

Unequal

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Release : 2017-05-01
Genre : Law
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Book Rating : 404/5 ( reviews)

Unequal - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Unequal write by Sandra F. Sperino. This book was released on 2017-05-01. Unequal available in PDF, EPUB and Kindle. 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.