8 single-spaced pages
Instructions for Memoranda
1. You are to follow the APA 7th memorandum format.
2. There is no minimum case requirement. However, ensure you provide enough detail whereby you identify and explain some of the precedent setting cases.
3. Your memorandum should be 3 – 5 pages in length, not including the reference list. Cite case law appropriately.
Your memorandums should always include a background or overview, the purpose of the written memorandum, an analysis of the subject matter within the chapter and any additional research you have conducted, a conclusion and any recommendations you may have, and lastly your references. While these memorandums are not bench memorandums written by a law clerk for an appellate judge, I want you to explain to me in detail what you have read and understand as if I have not read the chapter nor do i understand the law of higher education. Bench memorandums clearly and accurately describe the facts of the cases, the applicable law, the parties’ arguments and the clerk’s independent analysis of the issue presented to the court. Remember, your memorandums should be clear and accurate. The sequencing of the information should be logical and you should create direct topic sentences that the paragraphs follow through on.
Textbook
Kaplin, William A. and Lee, Barbara. The Law of Higher Education, 4th ed. (Student version) 2007, ISBN: 9780787970956 or 5th ed. (Student version) 2014, ISBN: 9781118036624 or 6th ed. (Student version) 2020, ISBN: 9781119271918
available on library genesis, link here:
Assignment 4 (3 pages)
Chapter 4: The College and Its Employees, page 117, 4th ed.
Prepare a written memorandum outlining the procedures mandated in the collective bargaining process.
Assignment 5 (5 pages, Two Parts)
Chapter 5: Special Issues in Faculty Employment, page 185, 4th ed.
Prepare a written memorandum discussing the legal issues in:
Non-tenure
Board of Regents v. Roth, 408 U.S. 564 (1972).
Tenure
Perry v. Sinderman, 408 U.S. 593 (1972).
Answer the following chapter questions:
What rights must institutions protect in the employment of faculty?
What is tenure?
Are there different rights for tenured and non-tenured faculty?
What requirements must be observed in the awarding of rank, tenure, and salaries?
