Background and history of the Canons of Ethics and Code of Professional Responsibility, adopted by the American Bar Association in 1969, are briefly outlined, and, as a case study, certain contexts in which ethical questions may arise for the college or university lawyer are discussed. Focus is on the lawyer as advisor. (JT)

The nature of tenure rights is examined with reference to a number of court cases. It is observed that the trend to negotiate tenure will probably continue, and the prediction is made that the principle of exclusivity will apply to collective bargaining in higher education, thus limiting individual faculty contracts. (JT)

Reviews legislative developments (particularly Phase I and II tax reform bills now in Congress regarding tax status of exempt organizations and tax treatment of scholarships, fellowships, contributions and bequests), regulations and rulings of the Internal Revenue Service, and the Filer Commission Report on Private Philanthropy and Public Needs.…

Discusses three issues arising from the termination of tenured faculty on account of financial exigency: definition of exigency, how persons to be terminated are identified, and what their contractual and due process rights are. Makes suggestions for revising and clarifying tenure contracts in light of recent court cases. (JT)

Reviews recent court cases affecting students in the areas of control of student fee support, tuition classification (in-state, out-of-state), and parietal rules pertaining to university housing. Notes problems which may confront college counsel in these areas. (JT)

Reviews current case law alerting public institutions as well as those covered under the National Labor Relations Act to consequences and problems of faculty unionization, including issues of conflict between the faculty senate and a union, exclusive representation, supervisory status of faculty members, and scope of negotiation issues. (JT)

Analyzes, with reference to relevant cases, the issues involved in protecting institutional trustees, administrators, and faculty from tort liability exposure, particularly that related to due process and equal protection civil rights claims and to full disclosure regulations of the Securities Act. Notes the different problems for public and…

Examines trustee liability in light of the Stern v. Sibley Memorial Hospital decision which contains "a thorough and well considered exposition on the liability of trustees of charitable corporations as well as useful guidelines to be followed, particularly in the area of conflicts of interests." (JT)

Overviews Rule 23 (Federal Rules of Civil Procedure) governing class actions in the federal courts and analyzes the issues raised in class determinations for employment discrimination suits under Title VII (Civil Rights Act 1964). Discusses damage claim immunity for public institutions and limitations on evidence offered to prove discrimination.…

Notes the increasing frequency of judicial attacks on the National Collegiate Athletic Association (NCAA) for enforcing its student-athlete eligibility rules and analyzes the elements required for action: showing that the claimant has been deprived of a constitutionally protected right and that the defendent acted under the color of state law. (JT)

Guidelines are given for a college or university in urging its employees to vote for "no union" when a union has demanded recognition as the exclusive bargaining representative of an employee unit. Campaign techniques in a unit of faculty and non-faculty members are discussed separately. (JT)

A member of the National Labor Relations Board (NLRB) lists information the Board needs on a university's structure and operation in reaching fair decisions on such collective bargaining issues as university-wide bargaining units, inclusion of ancillary personnel in faculty units, and determination of supervisory status. Major NLRB university…

The scope of individual employee rights to engage in activities under the National Labor Relations Act and the concomitant restrictions on employer actions, as interpreted in decisions of the National Labor Relations Board and the courts, are examined on the premise that college administrators are well-advised to understand them. (JT)

Discusses legal and technical problems university counsel is likely to be called upon to resolve in the collective negotiation process and explores the basis of their resolution: statutory duty to bargain, composition of the bargaining team, support committees, marshalling the facts, subjects of bargaining, exchange of demands, and the…

Identifies and comments on methods that higher education institutions and unions have agreed to for the settlement of collective bargaining disputes or grievances in the 150 existing labor agreements covering more than 210 institutions, nearly 70 percent of them 2-year institutions. The institutions covered by these agreements are listed. (JT)