Lanterna Rally

Author: Harry T. Edwards

Publisher:

Published: 1980

Total Pages: 72

ISBN-13:

Issues pertaining to increasing government regulation of higher education, monetary and nonmonetary costs of such regulation, and court cases and legislation that illustrate the academic autonomy versus governmental interference conflict are considered in this book by a circuit judge. It is suggested that although colleges and universities have been involved in governmental regulations and court suits in the 1970s, they have fared well, especially when their dependence on governmental agencies for funding is considered. It is claimed that the criticism that the implementation of federal regulations is draining schools of too much money has not been substantiated. However, no one is sure how much federal regulation costs. It is suggested that as a critical element in society, education cannot expect to continue to be left completely autonomous, particularly since educational institutions have contributed to social injustices. One approach to determine the impact of governmental regulations is to study court opinions that have faced the conflict between the government's desire to implement public policies and the academicians' desire to remain autonomous from governmental interference. Significant legal developments in the following areas of special concern to educators are reviewed: employment discrimination, procedural due process for faculty, financial exigency as a ground for dismissal, procedural due process for students, Title IX, and the Rehabilitation Act of 1973. It is concluded that these developments demonstrate that the doctrine of academic abstention has remained substantially intact. It is predicted that in the next decade the disruptive effects of external regulations will likely decrease. Views expressed by the Sloan Commission on Government and Higher Education are considered. A bibliography is appended. (SW)