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1972

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Full-Text Articles in Education Law

Teague-Cranston Act Of 1972, United States Congress Oct 1972

Teague-Cranston Act Of 1972, United States Congress

Establishment of James H. Quillen College of Medicine

United States Public Law 92-541, commonly known as the Teague-Cranston Act, called for the creation of five new medical schools in five states to meet the needs of medically under served areas of the country. The act, as passed, required that the new schools be "located in proximity to, and operated in conjunction with, Veterans' Administration medical facilities." This worked in ETSU's favor as the university is located adjacent to the Mountain Home VA Hospital. Signed into law by President Richard Nixon, this would eventually lead to the establishment of the Quillen College of Medicine.


Drummond V. Acree, Lewis F. Powell Jr. Oct 1972

Drummond V. Acree, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Norwood V. Harrison, Lewis F. Powell, Jr. Oct 1972

Norwood V. Harrison, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Northcross V. Board Of Education Of Memphis City Schools, Lewis F. Powell Jr. Oct 1972

Northcross V. Board Of Education Of Memphis City Schools, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr. Oct 1972

Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Lemon V. Kurtzman, Lewis F. Powell Jr. Oct 1972

Lemon V. Kurtzman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Levitt V. Committee For Public Education, Lewis F. Powell Jr. Oct 1972

Levitt V. Committee For Public Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Sloan V. Lemon, Lewis F. Powell Jr. Oct 1972

Sloan V. Lemon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Committee On Public Education And Religious Liberty V. Nyquist, Lewis F. Powell Jr. Oct 1972

Committee On Public Education And Religious Liberty V. Nyquist, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr. Oct 1972

San Antonio Independent School District V. Rodriguez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Vlandis V. Kline, Lewis F. Powell Jr. Oct 1972

Vlandis V. Kline, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell Oct 1972

Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell

West Virginia Law Review

Public education is typically a state function. Yet in all states except Hawaii, primary responsibility and control have rested with the local school boards. These local boards have depended upon the property tax as a primary source of revenue. Recent judicial decisions have struck down some educational financing systems as being in violation of the equal protection clause of the fourteenth amendment. This note will discuss the constitutional issues raised by these decisions and present a statistical analysis of West Virginia's existing system. The purpose is to determine if these decisions are significant to West Virginia's method of funding public …


Public School Finance In Indiana: A Critique, Edward W. Najam Jr. Oct 1972

Public School Finance In Indiana: A Critique, Edward W. Najam Jr.

Indiana Law Journal

No abstract provided.


School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr. Sep 1972

School Board Of The City Of Richmond, Virginia V. State Board Of Education Of The Commonwealth Of Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


School Desegregation And Affirmative Equitable Relief: Swann And Beyond Sep 1972

School Desegregation And Affirmative Equitable Relief: Swann And Beyond

Washington and Lee Law Review

No abstract provided.


Private Universities: The Courts And The State Action Theories Sep 1972

Private Universities: The Courts And The State Action Theories

Washington and Lee Law Review

No abstract provided.


Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon Aug 1972

Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon

Washington Law Review

Defendant, the Seattle School Board, attempted to implement a plan to desegregate the Seattle school system. The plan included the restructuring of school grade classifications in accordance with a "middle school" concept,' and mandatory reassignment of approximately 850 black and white sixth, seventh and eighth grade children from their "neighborhood schools"' to schools in other areas of the city. Mandatory bussing was not required, but bus transportation was to be available for those students who desired it. Plaintiffs, Citizens Against Mandatory Bussing (CAMB), obtained an injunction restraining implementation of the plan for one year. The basis for the injunction was …


Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review Jun 1972

Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review

Michigan Law Review

Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …


Recent Developments, Law Review Staff May 1972

Recent Developments, Law Review Staff

Vanderbilt Law Review

In the recent decision of Bradley v. School Board, a Virginia federal court ordered the consolidation of the predominantly black Richmond school district with the surrounding all-white suburban school districts of Henrico and Chesterfield Counties. This decision marks the first time that a court has consolidated two or more autonomous school districts for the purpose of achieving a racial balance in the schools that reflects the racial composition of the consolidated areas as a whole. While Judge Merhige in Bradley punctiliously followed the principles enunciated by the Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education and its earlier desegregation …


Non-Tenured Teachers And Due Process: The Right To A Hearing And Statement Of Reasons Mar 1972

Non-Tenured Teachers And Due Process: The Right To A Hearing And Statement Of Reasons

Washington and Lee Law Review

No abstract provided.


De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman Mar 1972

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.


Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf Jan 1972

Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf

Journal Articles

Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. …


Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara Jan 1972

Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara

Loyola University Chicago Law Journal

No abstract provided.


Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr. Jan 1972

Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr.

Scholarly Articles

The public school system is the major American social institution responsible for the transmission of our democratic heritage to present and future generations. In fulfilling this responsibility, the schools often confront problems involving their duty to inculcate students with a sense of patriotism. Probably the most controversial questions have concerned compulsory flag saluting and participation in patriotic exercises. Can a school demand that students salute the flag?

Questions such as this arise under circumstances where students, allegedly exercising First Amendment rights, clash with school authorities engaged in the promulgation and enforcement of school rules. This interplay of educational order and …


Analysis Of The Efforts To Promote Racial Desegregation Within The Pasadena Unified School District As Directed By The Court Order Of Judge Manuel L. Real In January Of 1970, Donald Mcalpin Jan 1972

Analysis Of The Efforts To Promote Racial Desegregation Within The Pasadena Unified School District As Directed By The Court Order Of Judge Manuel L. Real In January Of 1970, Donald Mcalpin

Walden Dissertations and Doctoral Studies

On January 20, 1970, Judge Manuel L. Real directed the officials of the Pasadena Unified School District to prepare and implement a school desegregation plan to take effect at all levels within the district by the opening of school in September of 1970. This study dealt with the efforts of the Pasadena Unified School District to meet the provisions of this court order. Such examination involved an extensive perusal and analysis of the desegregation plan developed in response to this order. That response is known as the Pasadena Plan.

This dissertation considered four issues in addition to its examination of …


Non-Tenure Teachers: Procedural Rights Upon Dimissal, Brian S. Hucker Jan 1972

Non-Tenure Teachers: Procedural Rights Upon Dimissal, Brian S. Hucker

Loyola University Chicago Law Journal

No abstract provided.


Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.


Wellsand V. Valparaiso Community School Corporation: Equal Protection For The Married Football Player, Randolph L. Seger Jan 1972

Wellsand V. Valparaiso Community School Corporation: Equal Protection For The Married Football Player, Randolph L. Seger

Indiana Law Journal

No abstract provided.


Suability Of School Boards And School Board Members, Anne S. Mcfarland Jan 1972

Suability Of School Boards And School Board Members, Anne S. Mcfarland

Cleveland State Law Review

In the past three years, suits under 42 United States Code §1983 against school boards and school board members have burgeoned. Suits have been brought by teachers involved in union activity, by teachers who allege nonrenewal of contracts due to racial discrimination, by pupils who challenge hair and dress regulations, by unwed mothers who seek readmission to school, and by militant students who claim the right to practice-teach


Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig Jan 1972

Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig

Journal Articles

Tibbs v. Board of Education is the latest in a series of cases expanding the rights of high school students threatened with either expulsion or indefinite suspension. Although in most states a hearing is not explicitly required for student expulsion, recent cases have held that high school students are entitled to at least those "rudimentary elements of fair play" inherent in due process.

The safeguards now guaranteed by the decision in Tibbs are significant mainly because so few procedural rights were afforded secondary school pupils in the recent past. In the areas of appointed counsel and limitation of interim suspension, …