Chapter 1 Introduction

Chapter 2 Review of the Literature

Chapter 3 Methods and Procedures

Chapter 4 Findings

Summary 

To study the judicial influence on academic decision-making, this research included 33 cases that address some aspect of tenure denial litigation. Shared governance and judicial deference provided the conceptual frameworks. Using legal research methods and qualitative analysis, cases were examined to consider the policies and procedures that have contributed to courts’ unfavorable rulings against universities in tenure denial, and the remedies granted to plaintiffs as a result. Courts intervened in an institution’s decision as to tenure when an institution infringed upon a professor’s rights, discriminated against a professor, or breached a contract with a professor. Equitable and legal remedies were granted in both federal and state courts. The remedy of awarding tenure was rare.