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Full-Text Articles in Law

A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins Jan 1983

A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins

Law Faculty Publications

This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …


Libel And Slander In Virginia, Thomas E. Spahn Jan 1983

Libel And Slander In Virginia, Thomas E. Spahn

University of Richmond Law Review

The law of libel and slander in Virginia is unsettled. Even defining the terms is difficult. While many states classify libel and slander as separate torts, in Virginia defamation encompasses them both. Moreover, there are two separate definitions of "defamation per se" in Virginia. There are also two types of "malice" which are applicable in defamation actions; and to make matters worse, one type of "malice" which actually is not malice at all is called "actual malice."


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.