-the right of a teacher or university professor to speak freely about political ideological issues without fear of loss of position or other reprisal

-In Keyishian v. BOR SUNY (1967), SCOTUS calls academic freedom as "a special concern of the First Amendment that does not tolerate laws that cast a pall of orthodoxy over the classroom."

-the freedom of faculty members to research, write, teach, and publish without fear of retribution based on the unpopularity of their ideas.

-a status afforded to a teacher or professor as protection against summary dismissal without sufficient cause

-above all, tenure status guarantees dues process for the holder prior to dismissal or demotion

-the right of a faculty member to continuous employment, which cannot be terminated without adequate cause (generally excluding financial exigency) or without due process)

-the deliberate attempt to commit an injury, as evidenced by external circumstances

-In New York Times v. Sullivan (1964), SCOTUS defined as "the publication of defamatory falsehood with knowledge that it was false or with reckless disregard of whether it was false or not

-"friend of the court"

-a person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action of because that person who has a strong interest in the subject matter

a judicial doctrine, used especially in constitutional law, whereby a court measures competing interests and decides which interests should prevails

-between individual rights and governmental powers or between state authority and federal supremacy

-Pickering Balance Test:

-a person who has an express or implied invitation to enter or use another's premises, such as business or visitor or a member of the public to whom the premises are being held open

-an example would include public school students attending camps on university campuses

-"send up the records"

-an extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review

compulsory disclosure, at a party's request, of information that relates to the litigation

-the primary discovery devises are interrogatories, depositions, requests for admissions, and requests for production

-the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights

-including notice and the right to a fair hearing before a tribunal with the power to decide the case

-the minimal requirements of notice and hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments

-especially if the deprivation of significant life, liberty, and property interests may occur

-a university's exercise of protection to care for the well-being of resident students

-including seeking to protect them against the criminal acts of third parties

-"on the bench"

-with all judges present and participating in full court

-often used in circuit courts with shared authority for strength and safety

-the doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available

-the doctrine's purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened and cluttered by cases in which judicial relief is unnecessary

-a law that applies retroactively, especially in a way that negatively affects person's rights, as by criminalizing an action that was legal when it was committed

-ex post facto criminal laws are prohibited by the US Constitution

-law which is created and enforced by bodies external to the institution

-including federal and state constitutions, statutes, administrative rules and regulations, state common law, and foreign and international law

-it circumscribes internal law, thus limiting he institution's options in the creation of internal law

-a state of financial urgency

-a financial situation requiring immediate action

-often used to refer to a financial state of crisis for a university

-a state of mind consisting of honesty in belief or purpose

-faithfulness, to one's duty or obligation

-observance of fair dealing in a given trade or business

-absence of intent to defraud or to seek unconscionable advantage

-any exemption from a duty, liability, or service of process

-especially such an exemption granted to a public official

-a state's immunity from being sued in federal court by the state's own citizens

-provided by the 11th Amendment

any exemption from duty, liability, or service of process

-especially such an exemption granted to a public official

-a government's immunity from being sued in its own courts without its consent

-a state's immunity from being sued in federal court by the state's own citizens

-Congress has waived most of the federal government's sovereign immunity

-a license required to publish a book

-a general grant of approval

-a commendatory license or sanction

-the law which an institution creates for itself in its own exercise of institutional governance

-including institutional rules and regulations, institutional contracts, and academic custom and usage

-a legal share in something

-all or part of a legal or equitable claim to or right in property

-the right to possess, use, and enjoy a determinate thing

-the right to ownership

-the act of calling for authority or justification

-the act of enforcing or using a legal right

-"by the law itself"

-by the very nature of the situation

-institutions have the autonomy to regulate themselves

-includes the four essential freedoms of the university identified in Sweezy v. New Hampshire (1957)

1. Who may teach

2. What may be taught

3. How it will be taught

4. Who may be admitted for study 

-properly brought before a court of justice

-capable of being disposed of judicially

-a forum in which expression of opinion can freely compete for acceptance without governmental restraint

-in Keyishian v. BOR SUNY (1967), SCOTUS described college classroom as "marketplace of ideas"

-not proper for judicial determination

-issues outside the purview of the courts

-a party who represents a petition to a court or other official body

-especially when seeking relief on appeal

-law which focuses on initiatives an institution can take before actual legal disputes arise

-involves the administrator and counsel in a continual process of setting the legal parameters within which the institution will operate to avoid litigation or other legal disputes

-the law's treatment of public and private institutions

-Dartmouth College Case (1819) explained it as the private university's "possibility of doing something different than government can do, of creating an institution free to make choices that government cannot...without having to provide justification that will be examined in a court of law

-While the federal government tends to treat the two the same, states often apply regulations less to private than public

-private institutions are not fully subject to the constraints of the Constitution, allowing them to engage in private acts of discrimination, prohibit student protests, or expel a student without offering the procedural safeguards that a public university is constitutionally required to provide

-something that is due to a person by just claim, legal guarantee, or moral principle

-power, privilege, or immunity secured to a person by law

-legally enforceable claim that another will do or will not do a given act

-a recognized and protected interest the violation of which is wrong

-a right derived from natural or fundamental law

-a significant component of liberty encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications

-triggers strict scrutiny to determine whether the law violates the Due Process Clause or the Equal Protection Clause of the 14th Amendment

-as enunciated by SCOTUS, fundamental rights include voting, interstate travel, and various aspects of privacy (such as marriage and contraception rights)

-supreme dominion, authority, or rule

-supreme political authority of an independent state

-nonfiduciary relationship having an element of trust

-arising especially when a person trusts another to exercise a reasonable degree of care and the other knows or ought to know about the reliance

-a statute establishing a time limit for suing a civil case, based on the date accrued

-the purpose is to require diligent prosecution of known claims, thereby providing finality and predictability in legal affairs and ensuring that claims will be resolved while evidence is reasonably available and fresh

-without prompting or suggestion

-on its own motion

-jurisdiction over the nature of the case and the type of relief sought

-the extent to which a court can rule on the conduct of persons or the status of things

-judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law

-allows the speedy disposition of a controversy without the need for trial

-the appearance of an act being performed based on legal right or enforcement of statute, when in reality no such right exists

-public officials like college administrators make decisions and take actions "under color of law" (i.e. the implement institutional policy and carry out state and federal law in fulfilling their assigned duties)

-42 USC Sect. 1983 (Civil Rights Act of 1871) allows suits to be brought against persons, not just institutions (doesn't extend into private institutions)