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Education Law

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1983

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Articles 1 - 27 of 27

Full-Text Articles in Law

Handicapped Law—Education For All Handicapped Children Act Does Not Require States To Provide Best Possible Option, Linda Joyce Bradley Oct 1983

Handicapped Law—Education For All Handicapped Children Act Does Not Require States To Provide Best Possible Option, Linda Joyce Bradley

University of Arkansas at Little Rock Law Review

No abstract provided.


Title Ix As A Tool For Eliminating Gender-Based Employment Discrimination At Educational Institutions, North Haven Board Of Education V. Bell, Alice R. Senechal Oct 1983

Title Ix As A Tool For Eliminating Gender-Based Employment Discrimination At Educational Institutions, North Haven Board Of Education V. Bell, Alice R. Senechal

North Carolina Central Law Review

No abstract provided.


A School Board's Authority V. A Student's Right To Receive Information - Board Of Education, Island Trees Union Free School District No. 26 V. Pico, Timothy L. Coggins Oct 1983

A School Board's Authority V. A Student's Right To Receive Information - Board Of Education, Island Trees Union Free School District No. 26 V. Pico, Timothy L. Coggins

North Carolina Central Law Review

No abstract provided.


Irving Independent School District V. Tatro, Lewis F. Powell Jr. Oct 1983

Irving Independent School District V. Tatro, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Robinson, Lewis F. Powell Jr. Oct 1983

Smith V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Grove City College V. Bell, Lewis F. Powell Jr. Oct 1983

Grove City College V. Bell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard O. Hunter Oct 1983

Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard O. Hunter

William & Mary Law Review

No abstract provided.


Constitutional Law—Equal Protection And School Funding In Arkansas, Mark Allison Oct 1983

Constitutional Law—Equal Protection And School Funding In Arkansas, Mark Allison

University of Arkansas at Little Rock Law Review

No abstract provided.


Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard Hunter Sep 1983

Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard Hunter

Research Collection Yong Pung How School Of Law

American schools have served as battlegrounds for competing social policies for generations. Major national disputes have centered on racial problems, busing, and federal funding. Local debate continues over curricula, teacher competence, pedagogical methods, textbooks and library books, discipline, and such trivial matters as hairstyle. Nationally, the current debates about school prayer and tax credits for the payment of private school tuition have consumed the time and resources of numerous individuals. These disputes show no sign of abating. Teachers are the most significant participants in the educational process. Their work involves those activities--speaking, writing, and questioning--that constitute the core values protected …


Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis Sep 1983

Judge Hand's History: An Analysis Of History And Method In Jaffree V. Board Of School Commissioners Of Mobile County, Michael Kent Curtis

West Virginia Law Review

In Jaffree v. Board of School Commissioners, the United States District Court for the Southern District of Alabama upheld, against a constitutional challenge, teacher led school prayers. In the companion case of Jaffree v. James, the court upheld the Alabama Prayer Law which permitted state sanctioned prayers in public schools. The religious exercises and the Prayer Law were, of course, unconstitutional when viewed in light of decisions of the United States Supreme Court holding that the first amendment erected a wall of separation between church and state. When faced with direct and settled precedent, the lower federal courts generally follow …


State Regulation Of Christian Schools, Neal Devins Jul 1983

State Regulation Of Christian Schools, Neal Devins

Faculty Publications

No abstract provided.


The Bob Jones Case - Over To Congress, Neal Devins Jun 1983

The Bob Jones Case - Over To Congress, Neal Devins

Popular Media

No abstract provided.


Pauley V. Bailey: Towards A Thorough And Efficient School System, Jacqueline A. Kinnaman Apr 1983

Pauley V. Bailey: Towards A Thorough And Efficient School System, Jacqueline A. Kinnaman

West Virginia Law Review

No abstract provided.


Plato's Ideal And The Perversity Of Politics, Mark G. Yudof Mar 1983

Plato's Ideal And The Perversity Of Politics, Mark G. Yudof

Michigan Law Review

A Review of Educational Policy Making and the Courts: An Empirical Study of Judicial Activism by Michael A. Rebell and Arthur R. Block


Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review Mar 1983

Just Schools: The Idea Of Racial Equality In American Education, Michigan Law Review

Michigan Law Review

A Review of Just Schools: The Idea of Racial Equality in American Education by David L. Kirp


University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin Feb 1983

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Plagiarism At Princeton: An Academic Judgment Or A Discplinary Procedure, Neal Devins, Kent M. Weeks Jan 1983

Plagiarism At Princeton: An Academic Judgment Or A Discplinary Procedure, Neal Devins, Kent M. Weeks

Popular Media

No abstract provided.


Family Choice: An Idea Whose Time Has Come And Gone?, James J. Fishman Jan 1983

Family Choice: An Idea Whose Time Has Come And Gone?, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

The heart of the criticism of the existing educational system is the feeling that public schools no longer meet the needs of society, educational bureaucracies account to no one, parents have little say or choice in the educational options for their children, there is little diversity in public schools, and the public school establishment has resisted any attempts at reform or distributing data that could be used to challenge the present system.


Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch Jan 1983

Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch

University of Richmond Law Review

Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.


Review Of "Educational Policymaking And The Courts: An Empirical Study Of Judicial Activism" By Michael A. Rebell And Arthur R. Block, James J. Fishman Jan 1983

Review Of "Educational Policymaking And The Courts: An Empirical Study Of Judicial Activism" By Michael A. Rebell And Arthur R. Block, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson Jan 1983

The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson

University of Richmond Law Review

The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.


Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner Jan 1983

Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner

Seattle University Law Review

The Rowley Court had the opportunity to reverse state erosions of the EHA. Unfortunately, the Court ratified and encouraged such attacks. The Court's educational benefit standard demands as little as Washington's "suitable education" standard. The Rowley Court suggested a way to sidestep the IEP process which is similar to Washington's avoidance method. Finally, the Court eliminated judicial review of state administrative decisions regarding educational standards and the educational programs of handicapped children. The Rowley Court justified this elimination by claiming that parental ardor and participation in the IEP process were sufficient remaining safeguards for handicapped children. However, effective exclusion of …


Building An Appropriate Education From Board Of Education V. Rowley: Razing The Door And Raising The Floor, Perry A. Zirkel Jan 1983

Building An Appropriate Education From Board Of Education V. Rowley: Razing The Door And Raising The Floor, Perry A. Zirkel

Maryland Law Review

No abstract provided.


Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins Jan 1983

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Faculty Publications

No abstract provided.


Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins Jan 1983

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Faculty Publications

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …


Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn Jan 1983

Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn

Fordham Urban Law Journal

Spending on public education is primarily an obligation of state legislature and local school districts in the United States. Legislatures determine not only the amount of education spending, but also how much money is to be given to specific school districts. As a result, there have been growing discrepancies over how much financial assistance one district will have over another, leaving children from poor and fiscally overburdened districts at a disadvantage. This Note focuses on the New York case, Levittown v. Nyquist, as well as the New York funding formula, and ultimately recommends adoption of a school finance system that …


Accrediting Agencies’ Legal Responsibilities: In Pursuit Of The Public Interest, William A. Kaplin Jan 1983

Accrediting Agencies’ Legal Responsibilities: In Pursuit Of The Public Interest, William A. Kaplin

Scholarly Articles

This article considers the evolution in the way courts have labeled or categorized accrediting agencies, and the legal and policy consequences of this evolution. Discussion will then focus on the "public interest" standard that is the core of these developments and on ways in which accrediting agencies can fulfill their legal responsibilities under this standard.