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Resources on Legal Issues

AAUP legal outlines, presentations, and publications indexed by the topics they address. Opinions expressed in Academe's contributed feature articles and reviews are those of the authors and do not necessarily represent the policies of the AAUP.

Academic Freedom

AAUP Statements, Policies, & Analysis

Academic Freedom and the First Amendment. 2007. By Rachel Levinson. AAUP Counsel.  Presentation at the AAUP Summer Institute. 

Academic Freedom of Students and Professors, and Political Discrimination. 2006. Informational outline.

Legal Update. 2005. By Donna R. Euben, AAUP Counsel. Presentation to the National Center for the Study of Collective Bargaining in Higher Education and the Professions.

Academic Freedom And Professorial Speech. 2004. By Donna R. Euben, AAUP Counsel.  Presentation to 25th Annual Conference on Law & Higher Education.

Legal Update. 2004. By Donna R. Euben, AAUP Counsel. Presentation to the 31st Annual National Conference on Collective Bargaining.

Legal Update. 2003. By Donna R. Euben, AAUP Counsel. Presentation to National Center for Collective Bargaining.

Legal Issues In The Classroom. 2003. By Donna R. Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Academic Freedom of Professors and Institutions. 2002. By Donna R. Euben, AAUP Counsel.  Informational outline.

Academe: Bulletin of the AAUP

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Threats to Academic Speech. May-June 2008. By Rachel B. Levinson, Sneior AAUP Counsel. Legal Watch.

Ideology in the Academy. July-August 2007. By Rachel B. Levinson, Acting AAUP Counsel. Legal Watch.

Faculty Speech. NovemberDecember 2006. By Rachel B. Levinson, AAUP Associate Counsel. Legal Watch.

The Wisdom of Solomon. MayJune 2005. By Ann Springer, AAUP Associate Counsel. Legal Watch.

Electronic Citizenship. MarchApril 2005. By Donna Euben., AAUP Counsel Legal Watch.

Curriculum Matters. November–December 2002. By Donna R. Euben, AAUP Counsel. Legal Watch.

It’s Not Just Yelling Fire. January–Febrary 2002. By  Ann D. Springer, AAUP Associate Counsel. Legal Watch.

The Play’s the Thing. November–December 2001. By Donna R. Euben, AAUP Counsel. Legal Watch.

Making the Grade? September-October 2001. By Donna R. Euben, AAUP Counsel. Legal Watch.

Academic Freedom, Loyalty Oaths, and Diversity in Academe. MayJune 2001. By Donna R. Euben. Legal Watch.

Technology and Free Speech: A Hit and a Miss Academe.  September-October 2000. By Donna R. Euben, AAUP Counsel. Legal Watch.

Academic Freedom in the "Real World." March-April 2000. By Jonathan R. Alger, AAUP Counsel. Legal Watch.

Feature Articles and News

A Balancing Act: Competing Claims For Academic FreedomBy Gary Pavela November–December 2001. 

Academic Freedom, Individual or Institutional? November-December 2001. By David M. Rabban.

Academic Research

AAUP Statements, Policies, & Analysis

Faculty Employment Outside Of The University. 2004. By Donna R. Euben, AAUP Counsel. Presentation to the National Association of College and University Attorneys.

Legal Issues In Academic Research. 2003.  By Donna Euben, AAUP Counsel. Legal Issues in Higher Education: 13th Annual Conference.

Academe: Bulletin of the AAUP

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Corporate Interference in Research. November-December 2000. By  Donna R. Euben, AAUP Counsel. Legal Watch.

Technology and Free Speech: A Hit and a Miss. September-October 2000. By Donna R. Euben, AAUP Counsel. Legal Watch.

Affirmative Action/Discrimination/Diversity in Higher Education

AAUP Statements, Policies, & Analysis

Affirmative Action in Higher Education. 2005.By Ann Springer, AAUP Associate Counsel. An update on Affirmative Action in Higher Education: A Current Legal Overview.

Legal Primer For Administrators. 2005. By Donna R. Euben, AAUP Counsel.Presentation to the 15th Annual Legal Issues in Higher Education Conference.

Legal Update. 2005. By Donna R. Euben, AAUP Counsel. Presentation to the National Center for the Study of Collective Bargaining in Higher Education and the Professions.

Legal Update. 2004. By Donna R. Euben, AAUP Counsel. Presentation to the 31st Annual National Conference on Collective Bargaining.

What Now? The Michigan Cases and the Future of Affirmative Action in Higher Education. 2004. By Ann D. Springer, AAUP Associate Counsel. Informational outline.

How to Diversify the Faculty. Updated 2004. By Ann D. Springer, AAUP Associate Counsel.  Informational outline.

Legal Update. 2003. By Donna R. Euben, AAUP Counsel, AAUP Associate Counsel. Presentation to National Center for Collective Bargaining.

Poised On The Precipice: The Michigan Cases And Affirmative Action In Higher Education. 2003. By Ann D. Springer, AAUP Associate Counsel.  Informational outline.

Court Cases Involving Tenure As Remedy For Discrimination. 2003.  By Donna R. Euben, AAUP Counsel.  Informational outline.

Academe: Bulletin of the AAUP

Columns

Significant Supreme Court Employment Rulings. July-August  2005. By Donna R. Euben, AAUP Counsel. Legal Watch.

The Wisdom of Solomon. May-June 2005. By  Ann D. Springer, AAUP Associate Counsel. Legal Watch.

Disabilities and the Academic Workplace. September-October 2004. By  Donna R. Euben, AAUP Counsel. Legal Watch.

Faculty Diversity in a Brave New World. July-August 2004. By  Ann D. Springer, AAUP Associate Counsel. Legal Watch.

Academic Freedom, Loyalty Oaths, and Diversity in Academe . May-June 2001. By Donna R. Euben, AAUP Counsel. Legal Watch.

One Step Forward, Two Steps Bakke? March-April 2001. By Ann D. Springer, AAUP Associate Counsel. Legal Watch.

The King Is Back? Sovereign Immunity and the Equal Pay Act. July-August  2000. By  Donna R. Euben, AAUP Counsel. Legal Watch.

Feature Articles and News

Affirming Diversity at Michigan. September-October 2003. By Ann D. Springer, AAUP Associate Counsel.

Making Accommodations: The Legal World of Students with Disabilities. November-December 2001. By Paul D. Grossman.

"Show Me the Money": Salary Equity in the Academy.  July-August  2001. By Donna R. Euben, AAUP Counsel.

Benefits

AAUP Statements, Policies, & Analysis

Domestic Partner Benefits. 2005.  By Donna R. Euben, AAUP Counsel.  Informational outline.

Academe: Bulletin of the AAUP

Columns

Michigan Domestic-Partner Benefits Denied. March-April 2007. By Rachel B. Levinson, AAUP Associate Counsel. Nota Bene.

Feature Articles and News

The Family and Medical Leave Act: Questions and Answers for the Academic Community. September-October 2002. By Donna R. Euben and Saranna R. Thornton.

Collective Bargaining

AAUP Statements, Policies, & Analysis

Legal Update. 2005. By Donna R. Euben, AAUP Counsel. Presentation to the National Center for the Study of Collective Bargaining in Higher Education and the Professions.

Legal Update. 2004. By Donna R. Euben, AAUP Counsel. Presentation to the 31st Annual National Conference on Collective Bargaining  in Higher Education and the Professions.

Legal Update. 2003. By Donna R. Euben, AAUP Counsel. Presentation to the 31st Annual National Conference on Collective Bargaining in Higher Education and the Professions.

Collective Bargaining: Revised and Revisited. 2001.  By Donna R. Euben, AAUP Counsel, and Thomas P. Hustoles, Senior Partner, Miller, Canfield, Paddock & Stone, P.L.C.

Academe: Bulletin of the AAUP

Columns

Academic Labor Unions: The Legal Landscape. January-February 2001. By Donna R. Euben, AAUP Counsel. Legal Watch.

Conflicts of Interest/Commitment

AAUP Statements, Policies, & Analysis

Faculty Employment Outside Of The University: Conflicts Of Commitment . 2004. By Donna R. Euben, AAUP Counsel. Presentation to the National Association of College and University Attorneys.

Consensual Relationships

AAUP Statements, Policies, & Analysis

Legal Issues In The Classroom. 2003. By Donna R. Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Contingent Faculty

AAUP Statements, Policies, & Analysis

Legal Issues In Academic Research. 2003. By Donna R. Euben, AAUP Counsel. Presented at the Legal Issues in Higher Education: 13th Annual Conference.

Lives In The Balance: Compensation, Workloads And Program Implications. 2003.  By Donna R. Euben, AAUP Counsel. Presented at the Legal Issues in Higher Education 13th Annual Conference.

Tenure: Current Perspectives and Challenges . 2002. By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

Contingent Faculty and the Courts. January-February 2004. By Donna R. Euben, AAUP Counsel. Legal Watch.

Copyright/Intellectual Property

AAUP Statements, Policies, & Analysis

Intellectual Property Legal Issues For Faculty and Faculty Unions . 2005. By Ann Springer, AAUP Associate Counsel. Informational outline.

Intellectual Property Legal Issues For Faculty. 2004. By Ann Springer, AAUP Associate Counsel. Informational outline.

Legal Issues In The Classroom. 2003. By Donna R. Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Distance Learning and Intellectual Property: Ownership and Related Faculty Rights and Responsibilities. 2000.  By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

What's Yours Is Mine? May-June 2004. By Ann Springer, AAUP Associate Counsel. Legal Watch. 

Talkin’ ‘Bout a Revolution? Technology and the Law. May-June 2002. By Donna R. Euben, AAUP Counsel. Legal Watch.

Technology and Free Speech: A Hit and a Miss .September-October 2000. By Donna R. Euben, AAUP Counsel.  Legal Watch.

A. Miller’s Tale: Free-Agent Faculty. May-June 2000. By Jonathan R. Alger, AAUP Counsel. Legal Watch.

Classroom Capitalism. January-February 2000. By Jonathan R. Alger, AAUP Counsel. Legal Watch.

Distance Education/Intellectual Property

AAUP Statements, Policies, & Analysis

Intellectual Property Legal Issues For Faculty and Faculty Unions. 2005. By Ann Springer, AAUP Associate Counsel. Informational outline.

Intellectual Property Legal Issues For Faculty. 2004. By Ann Springer, AAUP Associate Counsel. Informational outline.

Legal Issues In The Classroom.  2003. By Donna Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Distance Learning and Intellectual Property: Ownership and Related Faculty Rights and Responsibilities. 2000.  By Donna Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

What's Yours Is Mine?  May-June 2004. By Ann Springer, AAUP Associate Counsel. Legal Watch.

Talkin’ ‘Bout a Revolution? Technology and the Law. May-June 2002. By Donna R. Euben, AAUP Counsel. Legal Watch.

Technology and Free Speech: A Hit and a Miss. September-October 2000. By Donna R. Euben, AAUP Counsel. Legal Watch.

A. Miller’s Tale: Free-Agent Faculty. May-June 2000. By Jonathan R. Alger, AAUP Counsel. Legal Watch.

Classroom Capitalism. January-February 2000. By Jonathan R. Alger, AAUP Counsel. Legal Watch.

Ethics

AAUP Statements, Policies, & Analysis

Legal Issues For Faculty. 2004. By Ann D. Springer, AAUP Associate Counsel. Informational outline.

Faculty Employment Outside Of The University: Conflicts Of Commitment. 2004. By Donna R. Euben, AAUP Counsel. Presentation to the National Association of College and University Attorneys.

Legal Issues In The Classroom. 2003. By Donna R. Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Legal Issues In Academic Research. 2003. By Donna R. Euben, AAUP Counsel. Legal Issues in Higher Education: 13th Annual Conference.

Who Grades Students? Some Legal Cases, Some Best Practices. 2001. By Donna R. Euben, AAUP Counsel. Informational outline.

Hiring and Promotion Legal Issues for Department Chairs. 2000.  By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

I Know What You Did Last Year. March-Aoril 2004. By Donna R. Euben, AAUP Counsel. Legal Watch.

Faculty Workload

AAUP Statements, Policies, & Analysis

Lives In The Balance: Compensation, Workloads And Program Implications. 2003. By Donna R. Euben, AAUP Counsel. Presented at the Legal Issues in Higher Education 13th Annual Conference.

Gay, Lesbian, Bisexual, & Transgender Concerns

AAUP Statements, Policies, & Analysis

Domestic Partnership Benefits Litigation. 2005. By Donna R. Euben, AAUP Counsel.  Informational outline.

Sexual Harassment in the Academy: Some Suggestions for Faculty Policies and Procedures . 2002.  By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

The Wisdom of Solomon. May-June 2005. By Ann Springer, AAUP Associate Counsel. Legal Watch.

Governance

AAUP Statements, Policies, & Analysis

Some Legal Aspects Of Collegial Governance. 2003. By Donna R. Euben, AAUP Counsel. Presentation made to the AAUP 2003 Governance Conference: Making Teamwork Work.

Grading

AAUP Statements, Policies, & Analysis

Legal Issues In The Classroom. 2003. By Donna R. Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute. 

Who Grades Students? Some Legal Cases, Some Best Practices. 2001.  By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

Making the Grade? September-October 2001. By Donna R. Euben, AAUP Counsel. Legal Watch.

Hiring & Promotion

AAUP Statements, Policies, & Analysis

How to Diversify the Faculty. 2006 update. By Ann Springer, AAUP Counsel. Informational outline.

Legal Primer For New & Not So New Administrators. 2005. By Donna R. Euben, AAUP Counsel. Presentation to the 15th Annual Legal Issues in Higher Education Conference.

Managing Faculty Productivity After Tenure. 2005. By Donna R. Euben, AAUP Counsel, & Barbara A. Lee, Rutgers University.

Legal Issues For Faculty. 2004. By Donna R. Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Hiring and Promotion Legal Issues for Department Chairs. 2000.  By Donna R. Euben, AAUP Counsel.  Informational outline.

Academe: Bulletin of the AAUP

Columns

Background Checks: When the Past Isn't Past. March-April 2003. By Ann D. Springer, AAUP Associate Counsel. Legal Watch.

Misconduct Accusations in Tenure Reviews. January-February 2003. By Donna R. Euben, AAUP Counsel. Legal Watch.

Publish or Perish: The Ever-Higher Publications Hurdle for Tenure. July-August  2002. By Donna R. Euben, AAUP Counsel Legal Watch.

Feature Articles and News

Making Defensible Tenure Decisions.  November-December 2001. By Ann FrankeInformational outline.

Does Collegiality Count?  November-December 2001. By Mary Ann Connell And Frederick G. Savage.

Indemnification of Faculty/Educational Malpractice

AAUP Statements, Policies, & Analysis

Legal Issues For Faculty .2004. By Ann D. Springer, AAUP Associate Counsel.  Informational outline.

Legal Issues In The Classroom .2003.  By Donna Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Academe: Bulletin of the AAUP

Columns

Educational Malpractice: Faculty Beware? May-June 2003. By Donna Euben, AAUP Counsel. Legal Watch.

Feature Articles and News

Making Defensible Tenure Decisions.  November-December 2001. By Ann Franke.

Privacy Rights

AAUP Statements, Policies, & Analysis

Legal Issues In The Classroom. 2003.  By Donna Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Academe: Bulletin of the AAUP

Columns

Electronic Citizenship. March-April 2005. By Donna Euben, AAUP Counsel. Legal Watch.

Background Checks: When the Past Isn't Past. March-April 2003. By Ann D. Springer, AAUP Associate Counsel. Legal Watch.

Do Students Have a Right to Privacy? September-October 2002. Legal Watch. By Ann D. Springer, AAUP Associate Counsel.

Let the Sunshine In? State Open Records Laws. March-April 2002. By Donna Euben, AAUP Counsel. Legal Watch.

Sexual Harassment

AAUP Statements, Policies, & Analysis

Sexual Harassment  In Higher Education: Current Issues & Trends.  November 19, 2005 A joint paper presented for the Education Law Association in  Memphis, Tennessee.

Legal Primer For New & Not So New Administrators. 2005. By Donna R. Euben, AAUP Counsel. Presentation to the 15th Annual Legal Issues in Higher Education Conference, University of Vermont.

Legal Issues In The Classroom. 2003.By Donna Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Sexual Harassment in the Academy: Some Suggestions for Faculty Policies and Procedures. 2002.  By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

Sexual Harassment Policies on Campus. November-December 2003. LBy Donna R. Euben, AAUP Counsel. Legal Watch.

Sovereign Immunity

AAUP Statements, Policies, & Analysis

Legal Update. 2003. By Donna R. Euben, AAUP Counsel. Presentation to National Center for Collective Bargaining.

Academe: Bulletin of the AAUP

Columns

The King Is Back? Sovereign Immunity and the Equal Pay Act . July-August  2000. By Donna R. Euben, AAUP Counsel. Legal Watch.

Students

AAUP Statements, Policies, & Analysis

Academic Freedom of Students and Professors, and Political Discrimination. 2006.  Informational outline.

Legal Issues For Faculty. 2004. By Ann D. Springer, AAUP Associate Counsel. Informational Outline.

Legal Issues In The Classroom. 2003. By Donna Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Who Grades Students? Some Legal Cases, Some Best Practices. 2001.  By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

Do Students Have a Right to Privacy? September-October 2002.  By Ann D. Springer, AAUP Associate Counsel. Legal Watch.

Making the Grade? September-October 2001. By Donna R. Euben, AAUP Counsel. Legal Watch.

Classroom Capitalism. January-February 2000. By Jonathan R. Alger, AAUP Counsel. Legal Watch.

Feature Articles and News

Making Accommodations: The Legal World of Students with DisabilitiesNovember-December 2001. By Paul D. Grossman.

Tenure

AAUP Statements, Policies, & Analysis

Post-Tenure Review: Some Case Law. 2005.  By Donna R. Euben, AAUP Counsel. Informational outline.

Managing Faculty Productivity After Tenure. 2005. By Donna R. Euben, AAUP Counsel, & Barbara A. Lee, Rutgers University. Informational outline.

De Facto Tenure. 2005 update. Donna R. Euben, AAUP Counsel. Informational outline.

Faculty Termination & Disciplinary Issues. 2004. By Donna R. Euben, AAUP Counsel.  Presentation to 14th Annual Legal Issues in Higher Education Conference, University of Vermont.

Court Cases Involving Tenure As Remedy For Discrimination. 2003. By Donna R. Euben, AAUP Counsel. Informational outline.

Tenure: Current Legal Perspectives and Challenges. 2002. By Donna R. Euben, AAUP Counsel. Informational outline.

Faculty Issues in Tough Times. 2001. By Donna R. Euben, AAUP Counsel. Informational outline.

Academe: Bulletin of the AAUP

Columns

Post-Tenure-Review Blues? November-December 2005. By Donna R. Euben, AAUP Counsel. Legal Watch.

Misconduct Accusations in Tenure Reviews. January-February 2003. By Donna R. Euben, AAUP Counsel. Legal Watch.

Publish or Perish: The Ever-Higher Publications Hurdle for Tenure. By Donna R. Euben, AAUP Counsel. July-August  2002. Legal Watch. 

Feature Articles and News

The Family and Medical Leave Act: Questions and Answers for the Academic Community. September-October 2002. By Donna R. Euben and Saranna R. Thornton.

Making Defensible Tenure Decisions.  November-December 2001. By Ann Franke.

Does Collegiality Count?  November-December 2001. By Mary Ann Connell And Frederick G. Savage.  

Workplace Issues for Faculty

AAUP Statements, Policies, & Analysis

Annual Legal Update: "Hot" Topics in Higher Education Law. 2005. By Donna R. Euben, AAUP Counsel. Presentation to the National Center for the Study of Collective Bargaining in Higher Education and the Professions.

Legal Issues For Faculty.. 2004.  By Ann D. Springer, AAUP Associate Counsel. Informational outline on educational malpractice, indemnification of faculty, student privacy issues, and faculty recruitment and hiring.

Faculty Misconduct and Discipline . 2005. By Donna R. Euben, AAUP Staff Counsel, and Barbara Lee, Rutgers University. Presentation to National Conference on Law and Higher Education.

Managing Faculty Productivity After Tenure. 2005. By Donna R. Euben, AAUP Counsel, & Barbara A. Lee, Rutgers University.  Informational outline.

Intellectual Property Legal Issues For Faculty and Faculty Unions. 2004. By Ann Springer, Associate Counsel. Informational outline.

Intellectual Property Legal Issues For Faculty. 2004. By Ann Springer, Associate Counsel. Informational outline.

Faculty Employment Outside Of The University: Conflicts Of Commitment. 2004. By Donna R. Euben, AAUP Counsel.  Presentation to the National Association of College and University Attorneys.

Faculty Termination & Disciplinary Issues. 2004. By Donna R. Euben, AAUP Counsel. Presentation to 14th Annual Legal Issues in Higher Education Conference. 

Legal Update. 2003. By Donna R. Euben, AAUP Counsel. Presentation to National Center for Collective Bargaining.

Legal Issues In The Classroom. 2003. By Donna Euben, AAUP Counsel. Presentation to the Appalachian College Association Teaching and Learning Institute.

Faculty Issues in Tough Times. 2001. By Donna R. Euben, AAUP Counsel.

Academe: Bulletin of the AAUP

Columns

Threats to Academic Speech. May-June 2008. By Rachel B. Levinson, Sneior AAUP Counsel. Legal Watch.

Faculty Speech. November-December 2006. By Rachel B. Levinson, AAUP Associate Counsel. Legal Watch..

Significant Supreme Court Employment Rulings. July-August  2005. By Donna R. Euben, AAUP Counsel. By Donna R. Euben, AAUP Counsel. Legal Watch.

Electronic Citizenship . March-April 2005. By Donna R. Euben, AAUP Counsel. Legal Watch.

Family Matters. November-December 2004.  By Donna R. Euben, AAUP Counsel. Legal Watch.

Disabilities and the Academic Workplace. September-October 2004. By Donna R. Euben, AAUP Counsel. Legal Watch.

Academic Hard Times. September-October 2003. By Donna R. Euben, AAUP Counsel. Legal Watch.

Judicial Forays into Merit Pay. July-August  2003. By Donna R. Euben, AAUP Counsel. Legal Watch. 

Feature Articles and News

The Family and Medical Leave Act: Questions and Answers for the Academic Community. September-October 2002. By Donna R. Euben and Saranna R. Thornton.

"Show Me the Money": Salary Equity in the Academy.  July-August  2001.  By Donna R. Euben, AAUP Counsel 

Other AAUP Resources

Working Mothers and Gender Discrimination by Donna Euben. Chronicle of Higher Education. 5/27/05.

(updated 5/08)