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Federal Court Involvement in Academic Personnel Decisions

Impact on Peer Review

Bibliographic Data

ID9019239
AuthorsBarbara A Lee (corresponding author)
Year1985
Volume56
Issue1
Pages38-54
Publication date1985-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueThe Journal of Higher Education (JOURNAL)
Journal identifiersISSN: 0022-1546 • E-ISSN: 1538-4640
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.1080/00221546.1985.11778703
OpenAlexW2074802132
LanguageEN
Citations received1
References cited6

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

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    Open Access•Roger L Geiger, Roger Geiger et al.•Higher Education Policy•1996

Unique citing works1
Citations per year0,03
Citation span1990 - 1990 (1)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 1

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