Eleventh Amendment Immunity and Academic Freedom [microform] / Michael D. Simpson
- Bib ID:
- 5686512
- Format:
- Book and Microform
- Author:
- Simpson, Michael D
- Online Version:
- https://eric.ed.gov/?id=ED458846
Broken link? let us search Trove , the Wayback Machine , or Google for you.
- Description:
-
- [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1999
- 8 p.
- Summary:
-
This "Update" discusses the impact of the "Seminole Tribe v. State of Florida" decision on higher education. In essence, the Court in this decision rescinded the doctrine of "Eleventh Amendment immunity" and ruled that Congress has only limited power to enact laws that apply to state governmental entities, including public colleges and universities. This means that Congress may not have the constitutional power to extend some federal job protections and benefits to persons employed by public institutions of higher education. Congress doesn't have the power to give employees of public colleges and universities the right to sue their employers in federal court. However, this power is partially restored through the Fourteenth Amendment. Some court decisions related to higher education are reviewed with regard to age discrimination suits by faculty members, family and medical leave entitlement, disability discrimination, and other federal civil rights laws. In sum, the "Seminole Tribe" decision is a radical decision that fundamentally changes the balance of power between Congress and the states. When collective bargaining is permitted, higher education faculty and staff can bargain for civil rights protection and they need not be bound by the view that the state can do no wrong and that public sector employees serve at the pleasure of the sovereign state. With regard to academic freedom the courts are making a critical and dispositive distinction between faculty speech outside the classroom and speech inside the classroom. Recent court decisions suggest that there is no First Amendment protection inside the classroom. Three recent court decision show a real curtailment of the free speech rights of faculty when they are speaking in their roles as employees. (Contains 31 endnotes.) (SLD)
- Notes:
-
- Availability: For full text: http://www.nea.org/he.
- ERIC Note: Theme issue.
- NEA Higher Education Research Center Update, v5 n3 Oct 1999.
- May also be available online. Address as at 14/8/18: https://eric.ed.gov/
- Reproduction:
- Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive.
- Subject:
- Other authors/contributors:
- National Education Association, Washington, DC. Higher Education Research Center
- Available From:
- ERIC
- Copyright:
-
In Copyright
You may copy under some circumstances, for example you may copy a portion for research or study. Order a copy through Copies Direct to the extent allowed under fair dealing. Contact us for further information about copying.
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1999
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
Request this item
Request this item to view in the Library’s reading room.
Feedback
Similar items
- The first and last freedom / by J. Krishnamurti ; with a foreword by Aldous Huxley
- The foundations of academic freedom / by Michael Polanyi
- The concept of academic freedom : [papers] / edited by Edmund L. Pincoffs
- New birth of freedom : a theology of bondage and liberation / Peter C. Hodgson
- Academic freedom and equal employment opportunity : address to EEO Seminar, N.S.W. Advanced Education Conference, March 10, 1983, Sydney College of the Arts