This Article examines some of the legal issues that permeate the performance review process in higher education and offers some suggestions for improving faculty evaluations. As will be apparent, the courts have generally given institutions of higher education great latitude in devising and administering performance review programs. However, colleges and universities do not have carte blanche with their performance reviews and there are critical constraints on what institutions of higher education can do. These constraints are rooted in principles of fundamental fairness and due process, as well as constitutional and statutory requirements.

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