Federal Court Involvement in Academic Personnel Decisions
Impact on Peer Review
Bibliographic Data
| ID | 9019239 |
|---|---|
| Authors | Barbara A Lee (corresponding author) |
| Year | 1985 |
| Volume | 56 |
| Issue | 1 |
| Pages | 38-54 |
| Publication date | 1985-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Higher Education (JOURNAL) |
| Journal identifiers | ISSN: 0022-1546 • E-ISSN: 1538-4640 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/00221546.1985.11778703 |
| OpenAlex | W2074802132 |
| Language | EN |
| Citations received | 1 |
| References cited | 6 |
Higher education has long been accorded special status by the judiciary. Until the second half of the twentieth century, litigation involving colleges and universities was infrequent, usually initiated by the college itself, and the college usually prevailed. Judges generally viewed academic matters as unique, specialized, and beyond the capacity of the courts to oversee. Because higher education was viewed as a privilege rather than a right, the judiciary usually accorded great deference to the decisions of administrators and trustees [27, pp. 4-7]. The civil rights movement and other social changes which brought increased litigation to all sectors of society, however, also affected higher education. The number of lawsuits against colleges soared, as students, would-be students, faculty members, would-be faculty members, and former faculty members sought to resolve their grievances against colleges in the state and federal courts. Although few organizations welcome litigation, higher education's reaction to the flood of lawsuits was especially hostile. Academics viewed a court challenge not merely as expensive, time consuming, and unpleasant, but as an attempt to destroy traditional collegial decision making by subjecting it to judicial scrutiny and modification [19]. Thus, the judicial system was seen as the enemy of academic norms and as a force antithetical to the maintenance of academic standards
Academic freedom · Deference · Higher education · Political science · Privilege (computing · Public relations · Scrutiny · Sociology · State (computer science · Academic Freedom and Politics · Law · Law, Rights, and Freedoms · Legal Education and Practice Innovations · Public Administration
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,03 |
| Citation span | 1990 - 1990 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |