Legal Opinion · Dissent

Manes v. Dallas Baptist College

Court of Appeals of Texas

Decided July 6, 1982No. 20974Published

1DissentSparling, Justice

I cannot agree that a reasonable construction of the employment contract contemplates a judicial determination of the merits of appellant’s termination. Accordingly, I dissent.

This case does not concern the judicial review of a public institution as a matter of administrative law, but rather the review of the action of a private institution as a matter of contract law. Academic freedom does not inherently require a more liberal construction of rights under a teacher’s contract of employment, than the construction of contractual rights of any other wage earner. “Tenure” is a status defined by…

2Cases cited13 opinions

  1. Universal C. I. T. Credit Corp. v. DanielTexas Supreme Court · 1951
  2. Lola Beth GREEN, Plaintiff-Appellant, v. BOARD OF REGENTS OF TEXAS TECH UNIVERSITY Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1973
  3. Zimmerer v. SpencerCourt of Appeals for the Fifth Circuit · 1973
  4. State of Texas v. Martin Bros.Texas Supreme Court · 1942
  5. Charles L. Viverette v. Lurleen B. Wallace State Junior College, Etc., William H. McWhorter as President, Etc.Court of Appeals for the Fifth Circuit · 1979

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API