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With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince
With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince
Cleveland State Law Review
Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right to …
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Cleveland State Law Review
Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …