Law Commons^™

School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen

Washington Law Review

Current debates about the legality of public school funding systems recognize that existing systems combine state, local, and federal revenue sources. The exact nature of the governmental partnership involved is seldom specified, however, and the result is that the institutional relationships are not clearly seen. This failure of perception leads to difficulties when a court is asked to determine the constitutionality of such systems. Two recent state school finance opinions will be analyzed here to compare two different styles of judicial intervention. This article does not deal with all school finance litigation nor with all styles of judicial involvement in …

Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer

North Carolina Central Law Review

No abstract provided.

Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe

Washington Law Review

Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …

Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.

West Virginia Law Review

No abstract provided.

Clash In The Classroom, David L. Chambers

Reviews

David L. Chambers reviews two books covering Brown vs. Bakke in The Washington Post. Chambers discusses ‘The Bakke Case: Politics of Inequality’ by Joel Dreyfuss and Charles Lawrence III, and ‘From Brown to Bakke: The Supreme Court and School Integration’ by J. Harvie Wilkinson.

Search And The Single Dormitory Room, Michigan Law Review

Michigan Law Review

This Note suggests that dormitory privacy should not be illusory. It argues that when a college breaches the standards of the fourth amendment in searching a student's room, the exclusionary rule should proscribe reliance on the fruits of that search to punish the student.

The argument progresses in two steps. Section I observes that the guarantees of the fourth amendment apply to searches of college students' rooms by college officials just as they apply to searches of any private dwelling by government officials. It traces the happy demise of Moore v. Student Affairs Committee, which allowed students only limited …

Putting Family Choice To The Vote, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano

BYU Law Review

No abstract provided.

Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith

Washington Law Review

This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …

The Matrix Of Professionalization: Three Recent Interpretations, Alan Creutz

Michigan Law Review

A Review of The culture of Professionalism: The Middle Class and the Development of Higher Education in America by Buron J. Bledstein, and The Emergence of Professional Social Science: The American Social Science Association and the Nineteenth-Century Crisis of Authority by Thomas L. Haskell, and The Rise of Professionalism: A Sociological Analysis by Magali Sarfatti Larson

Ua12/2/1 College Heights Herald, Vol. 54, No. 35, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Fish, Tim. Violating Act May Cause Loss of Funds
• Post, Audrey. Phi Beta Sigma not Exempt from National Ruling, Official Says
• Beshear, Tom. Associated Student Government Could Lose Control of Activities Funding
• Regents Meet Saturday
• Privacy Rights Can’t Be Ignored
• Hancock, Catherine. Hot Times: Roomies Can Travel With the Touch of a Dial
• Crow, Barbara. Urges Support – Women’s Basketball
• Beshear, Tom. Associated Student Government Wants Student on State Council
• Law Test Given Feb. 3 at Area Universities
• Hancock, Catherine. Iranians Here Face Money Shortage …

Ua12/2/1 College Heights Herald, Vol. 54, No. 34, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Fish, Tim. Posting Grades May Violate U.S Act
• Carpenter, Steve. Code Violations Called Dangerous – Kentucky Building
• Judd, Alan. Paul Cook, James Davis among Choices for President
• Academic Council to Discuss Change in Course Numbers
• Financial Aid Booth to Open
• Advance Registration Need by All
• Whitaker, David. Opinion Pieces Are Nothing More
• Sims, Michelle. Says Story Misleading – steven Ford
• Student Center Patio to Open
• Beshear, Tom. Associated Student Government Plans 2 Spring Newsletter
• Annex Renovation Delayed – Industrial Arts Annex No. 2
• Mason, Cecelia. …

Kentucky Law Survey: Education: Teachers' Rights, Keith Graham Hanley, Robert G. Schwemm

Kentucky Law Journal

No abstract provided.

The Institutionalized Child's Claim To Special Education: A Federal Codification Of The Right To Treatment, 56 U. Det. J. Urb. L. 337 (1979), Patrick A. Keenan, Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Publications

This review discusses J. Harvie Wilkinson's From Brown to Bakke and its companion work, Counting by Race: Equality from the Founding Fathers to Bakke and Weber written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. Counting is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii

Villanova Law Review

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …

A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde

Seattle University Law Review

The rapidly increasing number of student loans maturing under the relatively new guaranteed student loan program have spawned a dramatic increase in the number of educational loans discharged in bankruptcy. This comment will examine former students' ability to obtain college transcripts after discharge of their student loans through bankruptcy. It will discuss the two cases holding that a private college can deny transcripts to bankrupts, but a state college cannot." Furthermore, it will inquire into the purposes of the Bankruptcy Act, the correctness of the restrictive judicial interpretation of the 1970 amendments," and alternative judicial approaches that better reflect the …

Bakke In Balance: Some Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

What Does Bakke Require Of Law Schools?, Howard Lesnick

All Faculty Scholarship

No abstract provided.

An Overview Of Legal Principles And Issues Affecting Postsecondary Athletics, William A. Kaplin

Scholarly Articles

Athletics, as a subsystem of the postsecondary institution, is governed by the basic principles applicable to higher education generally. These principles, however, must be applied in light of the particular characteristics and problems of curricular, extracurricular, and intercollegiate athletics programs. A student athlete's eligibility for financial aid, for instance, would be viewed under the general principles governing financial aid, such as contract law and constitutional due process, but aid conditions related to the student's eligibility for or performance in intercollegiate athletics may create a special focus for the problem. In Taylor v. Wake Forest, for instance, the court held that …

The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman

All Faculty Scholarship

No abstract provided.

Private University Professors And Nlrb V. Yeshiva: The Second Circuit's Misconception Of Shared Authority And Supervisory Status, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

More On The Bakke Decision, Robert M. O'Neil, Kenneth S. Tollett, David E. Feller, William Van Alstyne

Articles by Maurer Faculty

No abstract provided.

Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen

Cleveland State Law Review

Cross-certification is the process by which a teacher seeks to satisfy the statutory requirements of tenure by relying on a professional, permanent, or life certificate in a field other than the field in which the teacher is employed. The Ohio Revised Code does not directly address the question of whether a teacher can cross-certify to obtain tenure. The appellate courts of Ohio are evenly divided on the question of whether cross-certification is statutorily permissible: three decisions have concluded that it is permissible, and three have concluded that it is not. This note will examine the decisions and statutes which pertain …