ERIC Number: ED435349
Record Type: Non-Journal
Publication Date: 1999
Reference Count: N/A
Higher Education Trends (1997-1999): Legal Issues. ERIC-HE Trends.
Kezar, Adrianna J.
Historically, legal issues have not been well represented in the higher education research literature. Two sources, however, regularly discuss legal issues: the Journal of College and University Law and the Chronicle of Higher Education. Three main themes emerge in the literature on legal issues: (1) rethinking and refining of traditional policies; (2) the rise in campus issues; and (3) technology. The little research in the higher education journals or at conferences that relates to issues of academic freedom, faculty collective bargaining, and tenure tends to define these issues philosophically rather than from a legal perspective. Literature on copyrights, patents, and research involving human subjects is minimal. New literature, mostly opinion pieces, continues to be written about ambiguous issues that emerge in cases involving affirmative action, sexual harassment, discipline, due process, discrimination, and athletics, but research is needed on the erosion of immunities and tort caps traditionally relied upon by college and university administrators for protection against lawsuits. A new legal issue coming to the fore includes planning for changes in technology and the legal ramifications of computerizing college campuses. Other areas where more analysis and literature are needed include ethics and professional practices. (Contains 7 references.) (JM)
Descriptors: Academic Freedom, Accountability, Administrative Policy, College Faculty, Computer Uses in Education, Court Litigation, Educational Research, Ethics, Higher Education, Labor Relations, Legal Problems, Literature Reviews, Policy Formation, School Law, Technology, Tenure
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Publication Type: Information Analyses; ERIC Publications
Education Level: N/A
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: ERIC Clearinghouse on Higher Education, Washington, DC.; George Washington Univ., Washington, DC. Graduate School of Education and Human Development.