archive-org.com » ORG » A » AAUP.ORG

Total: 1208

Choose link from "Titles, links and description words view":

Or switch to "Titles and links view".
  • New York University and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO, Case No. 2-RC-22082 (Apr. 3, 2000) | AAUP
    Work Grading Graduate Students The Academic Bill of Rights Minority Serving Institutions Post Tenure Review Retirement Sexual Diversity Gender Identity Teaching Evaluation Tenure Women in Higher Education Reports Publications AAUP Policies Reports Academe Economic Status Report Compensation Survey Bulletin of the AAUP The Redbook Journal of Academic Freedom AAUP Bookstore News AAUP in the News AAUP Updates For the Media Get Involved Upcoming Events Local Toolkit Issue Campaigns Find Chapters Conferences Start a Chapter I Need Help With Workplace Issues Understanding Terms and Abbreviations Responding to Financial Crisis You are here Home New York University and International Union United Automobile Aerospace and Agricultural Implement Workers of America AFL CIO Case No 2 RC 22082 Apr 3 2000 This National Labor Relations Board NLRB case raised the issue of whether graduate assistants are employees under the National Labor Relations Act NLRA In April 2000 the NLRB Regional Director Region 2 ruled that graduate assistants at NYU were employees under the NLRA and NYU appealed the Region 2 decision to the NLRB In June 2000 AAUP filed an amicus brief pdf in support of the UAW contending that the unionization of graduate assistants will not violate NYU s institutional academic freedom disrupt graduate student involvement in university governance or interfere with the mentoring relationships between faculty members and their graduate students The brief argued that AAUP s policies and bargaining experience make clear that collective bargaining is consistent with academic freedom shared governance and mentoring relationships Status In October 2000 the NLRB issued a decision that upheld the Region 2 Director s ruling that NYU graduate assistants were employees under the National Labor Relations Act and therefore may unionize In so doing the Board rejected the university s claim that collective bargaining with graduate assistants will infringe on academic freedom The Board

    Original URL path: http://www.aaup.org/brief/new-york-university-and-international-union-united-automobile-aerospace-and-agricultural (2016-02-13)
    Open archived version from archive

  • Anderson v. State University of New York at New Paltz, 169 F.3d 117 (2d Cir. 1999 ) | AAUP
    Workload Family Work Grading Graduate Students The Academic Bill of Rights Minority Serving Institutions Post Tenure Review Retirement Sexual Diversity Gender Identity Teaching Evaluation Tenure Women in Higher Education Reports Publications AAUP Policies Reports Academe Economic Status Report Compensation Survey Bulletin of the AAUP The Redbook Journal of Academic Freedom AAUP Bookstore News AAUP in the News AAUP Updates For the Media Get Involved Upcoming Events Local Toolkit Issue Campaigns Find Chapters Conferences Start a Chapter I Need Help With Workplace Issues Understanding Terms and Abbreviations Responding to Financial Crisis You are here Home Anderson v State University of New York at New Paltz 169 F 3d 117 2d Cir 1999 This federal district court case raised the issue of whether the Equal Pay Act EPA validly abrogates states Eleventh Amendment immunity from suit by individuals for monetary damages in federal court after the Supreme Court decision in Kimel Dr Janice Anderson sued the administration alleging a number of claims including violation of the EPA She claimed that since 1984 she has been paid less than male faculty of similar rank at her institution despite her equivalent or superior qualifications record and workload The university sought to dismiss the suit contending that it was immune from the EPA claim under the Eleventh Amendment and the district court rejected the university s argument The university appealed and in February 1999 the Second Circuit upheld the district court ruling Under its Kimel decision the Supreme Court returned the case to the Second Circuit for reconsideration The Second Circuit in turn remanded the case to federal district court In June 2000 the AAUP joined a friend of the court brief that was authored by the National Employment Lawyers Association NELA and joined by a number of groups including the National Partnership for Women

    Original URL path: http://www.aaup.org/brief/anderson-v-state-university-new-york-new-paltz-169-f3d-117-2d-cir-1999 (2016-02-13)
    Open archived version from archive

  • Southern Christian Leadership Conference v. Supreme Court of Louisiana, 61 F. Supp. 2d 499 (E.D. La. 1999); SCLC v. Supreme Court, 252 F.3d 781, 786 (5th Cir. 2001 | AAUP
    Supp 2d 499 E D La 1999 SCLC v Supreme Court 252 F 3d 781 786 5th Cir 2001 The Louisiana Supreme Court amended a rule that imposed limits on the types of clients law school clinics may represent A number of plaintiffs including professors and students challenged the rule alleging in part that it violated the academic freedom of professors to teach and students to learn The federal district court ruled that the amended rule did not violate the academic freedom of professors The plaintiffs appealed to the Fifth Circuit AAUP joined the Association of American Law Schools AALS and the Clinical Legal Education Association CLEA in filing an amicus brief with the federal appellate court in January 2000 The brief asserted that the amended rule violates the academic freedom of professors by restricting what may be taught and how it may be taught because no countervailing compelling state interest exists In so doing the brief recognized that higher education extends beyond the traditional classroom and that clinical programs are a vital component of legal education to which the protections of academic freedom apply Status In May 2001 the Fifth Circuit ruled that the state supreme court s limits on the types of clients law school clinics may represent do not violate the First Amendment The court found that the indigence provision of the rule which limited the types of clients law clinics could represent based on income did not on its face implicate any speech interests Next the court held that the state supreme court s solicitation restrictions did not violate the plaintiffs rights of free speech The rule only prohibits the non lawyer student members of the clinics from representing as attorneys any party the clinic has so solicited No one is required to participate in any

    Original URL path: http://www.aaup.org/brief/southern-christian-leadership-conference-v-supreme-court-louisiana-61-f-supp-2d-499-ed-la-1999 (2016-02-13)
    Open archived version from archive

  • Academic Freedom and Research | AAUP
    research records Cuccinelli who publicly opposes the theory of global warming used his position to formally request emails and other documents relating to former faculty member and climatologist Michael Mann from the University of Virginia UVA arguing that he had authority to subpoena these records pursuant to the Virginia Fraud Against Taxpayers Act FATA The Supreme Court of Virginia held that state universities as agencies of the Commonwealth do not constitute a person under the FATA and therefore Cuccinelli had no authority to require release of the records and his appeal was rendered moot In another related case the Virginia Supreme Court rejected a request for these records under the Virginia Freedom of Information Act Read more about Cuccinelli v Rector Visitors of the University of Virginia 283 Va 420 2010 The American Tradition Institute v Rector Visitors of the University of Virginia Michael Mann 287 Va 330 Va April 17 2014 In this case the Virginia Supreme Court unanimously ruled that a professor s climate research records were exempt from disclosure as academic research records as AAUP argued in an amicus brief submitted to the Court The Court explained that the exclusion of University research records from disclosure was intended to prevent harm to university wide research efforts damage to faculty recruitment and retention undermining of faculty expectations of privacy and confidentiality and impairment of free thought and expression While the decision was limited to a Virginia statute it provided a strong rationale for the defense of academic records from disclosure Read more about The American Tradition Institute v Rector Visitors of the University of Virginia Michael Mann 287 Va 330 Va April 17 2014 Energy Environment Legal Institute v Arizona Board of Regents Case No 2CACV 2015 0086 Ariz App Ct Second App Div Dec 3 2015 unpublished

    Original URL path: http://www.aaup.org/amicus-briefs-topic/academic-freedom-and-research (2016-02-13)
    Open archived version from archive

  • Affirmative Action | AAUP
    Gratz v Bollinger 539 U S 244 2003 and Grutter v Bollinger 539 U S 306 2003 Smith v University of Washington Law School 392 F 3d 367 9th Cir 2004 A white female student sued the University of Washington claiming she was denied entry to the University of Washington Law School while less qualified minority applicants were admitted over her Read more about Smith v University of Washington Law School 392 F 3d 367 9th Cir 2004 Jackson v Birmingham Board of Education 544 U S 167 2005 Roderick Jackson a high school basketball coach sued the board of education alleging that it retaliated against him in violation of Title IX after he complained about sex discrimination in the high school s athletic program The issue before the Court is whether Title IX of the Education Amendments which prohibits discrimination in federally assisted education programs and activities provides for a retaliation cause of action Read more about Jackson v Birmingham Board of Education 544 U S 167 2005 Parents Involved in Community Schools v Seattle School District No 1 and Meredith v Jefferson County Bd Of Education 551 U S 701 2007 These two cases being decided jointly address the issue of whether local school districts can make decisions based on race as a method of ensuring racial diversity and avoiding segregation in public schools Read more about Parents Involved in Community Schools v Seattle School District No 1 and Meredith v Jefferson County Bd Of Education 551 U S 701 2007 Schuette v Coalition to Defend Affirmative Action 134 S Ct 1623 2014 In this case the U S Supreme Court overturned a lower court ruling that had found unconstitutional provisions of an amendment to the Michigan Constitution banning affirmative action affecting Michigan s public higher education institutions

    Original URL path: http://www.aaup.org/amicus-briefs-topic/affirmative-action (2016-02-13)
    Open archived version from archive

  • Academic Freedom and Employee Speech | AAUP
    more about McEnroy v St Meinrad Sch of Theol 713 N E 2d 334 Ind Ct App 1999 Garcetti v Ceballos 547 U S 410 2006 The United States Supreme Court ruled that a public employee does not receive First Amendment protection when speech is made pursuant to his or her official duties The AAUP and the Thomas Jefferson Center for the Protection of Free Expression submitted a brief that opposed the official duties standard but also made a separate claim cautioning the troubling implications for academic speech at public institutions Fortunately the Court refrained from applying their analysis to academic speech noting that there is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court s customary employee speech jurisprudence Read more about Garcetti v Ceballos 547 U S 410 2006 Hong v Grant 403 Fed Appx 236 9th Cir 2010 Juan Hong a tenured professor at University of California Irvine criticized a number of decisions about hiring promotions and staffing at the school of engineering and was later denied a merit raise The Ninth Circuit Court affirmed a federal district court decision that rejected a faculty member s First Amendment retaliation claim against his administration by applying Garcetti in a university context Read more about Hong v Grant 403 Fed Appx 236 9th Cir 2010 Ward Churchill v University of Colorado at Boulder 293 P 3d16 61 App 2010 aff d 285 P 3d 986 Col 2012 In a jury trial in the Colorado District Court in Denver a jury found that Churchill s protected speech his controversial writings about September 11 was a substantial or motivating factor for the Board of Regents decision to discharge him from his tenured position The district judge overturned the jury s verdict and ruled in favor of the Regents as a matter of law On February 18 2010 the AAUP joined the ACLU and the National Coalition Against Censorship in filing an amicus brief in support of the appeal by Professor Ward Churchill to the Colorado State Court of Appeals Read more about Ward Churchill v University of Colorado at Boulder 293 P 3d16 61 App 2010 aff d 285 P 3d 986 Col 2012 Sadid v Idaho State University 265 P 3d 1144 Idaho 2011 motion to stay denied Sadid v Idaho State Univ 2012 U S Dist LEXIS 32985 D Idaho Mar 12 2012 Professor Sadid alleged that Idaho State University retaliated against him because of his comments criticizing the administration that had been published in a local newspaper over several years Read more about Sadid v Idaho State University 265 P 3d 1144 Idaho 2011 motion to stay denied Sadid v Idaho State Univ 2012 U S Dist LEXIS 32985 D Idaho Mar 12 2012 Adams v University of North Carolina Wilmington 640 F 3d 550 4th Cir 2011 Tenured Professor Michael Adams sued the University of North Carolina Wilmington after he was denied

    Original URL path: http://www.aaup.org/amicus-briefs-topic/academic-freedom-and-employee-speech (2016-02-13)
    Open archived version from archive

  • Academic Freedom and Institutional Matters | AAUP
    administration s policy prohibiting them from communicating with prospective student athletes Read more about Crue v Aiken 204 F Supp 2d 1130 C D Ill 2002 Crue v Aiken 370 F 3d 668 7th Cir 2004 Association of Christian Schools International et al v Roman Stearns et al 362 Fed Appx 640 9th Cir 2010 The plaintiffs argued that the University of California s admission process which evaluated high school courses to ensure they were college preparatory violated their First Amendment rights The AAUP s amicus brief urges the Ninth Circuit to affirm the district court s decision that the University of California s admission process is constitutional and emphasizes that faculty involvement in the university s admissions process is crucial to academic freedom Read more about Association of Christian Schools International et al v Roman Stearns et al 362 Fed Appx 640 9th Cir 2010 Schrier v University of Colorado 427 F 3d 1253 10th Cir 2005 Dr Robert Schrier a tenured faculty member alleged that university employees terminated his chairmanship in retaliation for his public speech about the financial feasibility of moving a health sciences center The district court opined that Dr Schrier s status as a university professor did not entitled him to rights distinctive from those of any other public employees Read more about Schrier v University of Colorado 427 F 3d 1253 10th Cir 2005 Urofsky v Gilmore 216 F 3d 401 4th Cir 2000 Several Virginia public college and university professors challenged a law that restricted the ability of state employees to access sexually explicit material on state owned or state leased computers alleging that the law interferes with their academic freedom to research and teach Read more about Urofsky v Gilmore 216 F 3d 401 4th Cir 2000 Junger v Daley 209 F

    Original URL path: http://www.aaup.org/amicus-briefs-topic/academic-freedom-and-institutional-matters (2016-02-13)
    Open archived version from archive

  • Academic Freedom and National Security | AAUP
    You are here Home Academic Freedom and National Security ACLU AAUP Pen American Center v Department of State Department of Homeland Security Department of Justice and Central Intelligence Agency On November 10 2005 the AAUP joined the American Civil Liberties Union and PEN American Center as plaintiffs seeking the prompt release of records under a Freedom of Information Act request from the U S Departments of State Justice and Homeland Security and the Central Intelligence Agency Read more about ACLU AAUP Pen American Center v Department of State Department of Homeland Security Department of Justice and Central Intelligence Agency AAUP AAR PEN Center Ramadan v Secretaries of State and Homeland Security 463 F Supp 2d 400 S D N Y 2006 The AAUP American Academy of Religion and PEN American Center filed an action against the Secretary of the Department of Homeland Security and the Secretary of State challenging the exclusion Professor Tariq Ramadan from entering the United States to accept speaking invitations extended by the AAUP and other scholarly organizations Read more about AAUP AAR PEN Center Ramadan v Secretaries of State and Homeland Security 463 F Supp 2d 400 S D N Y 2006 ACLU v NSA 493 F 3d 644 6th Cir 2007 Following 9 11 the National Security Agency NSA undisputedly eavesdropped without warrants international telephone and e mail communications in which at least one of the parties was reasonably suspected of al Qaeda ties Prominent journalists scholars attorneys and national nonprofit organizations who frequently communicate by phone and e mail with people in the Middle East filed suit argued that the NSA wiretapping program violates their First Amendment rights by impairing their ability to obtain information from sources abroad conduct scholarship and engage in advocacy Read more about ACLU v NSA 493 F 3d 644

    Original URL path: http://www.aaup.org/amicus-briefs-topic/academic-freedom-and-national-security (2016-02-13)
    Open archived version from archive



  •