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Articles 61 - 78 of 78
Full-Text Articles in Law
School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley
School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley
Cleveland State Law Review
Boards of education, whose members are elected to their public office; whose members are, collectively, the employers of educators; and whose members are, collectively, the governing authority responsible for the educational policies in their school district, have a duty far greater than merely serving as a vehicle for the purpose of carrying out the affairs of state. Because school activity constitutes the first sustained contact of governmental authority with our youthful citizens, school boards have the highest degree of responsibility to represent the sov- ereign and majestic power of government in the most enlightened manner possible.
Book Review, Glenn E. Billington
Book Review, Glenn E. Billington
Cleveland State Law Review
Review of Democracy and the Student Left, George F. Kennan, Little, Brown and Company, Boston, Mass. 1968
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
Cleveland State Law Review
The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …
Evolution And Development Of College Law, Thomas E. Blackwell
Evolution And Development Of College Law, Thomas E. Blackwell
Cleveland State Law Review
The history of the development of higher education has received adequate and comprehensive treatment in many texts. However, a brief review of those facets of its evolution which relate to the subject of corporate structure is in order.
College Law: 1970-1971, Thomas E. Blackwell
College Law: 1970-1971, Thomas E. Blackwell
Cleveland State Law Review
The evolution and development of college law has continued to accelerate during the past year. Perhaps the best indication of the topics of direct and current concern to those practicing in this area of legal specialization is the agenda of the June 1970 meeting of the NACUA. With few exceptions, the papers presented emphasized the problem of order on the campus and the role of the judiciary in its preservation.
The Constitution And The One-Sex College, Lizabeth A. Moody
The Constitution And The One-Sex College, Lizabeth A. Moody
Cleveland State Law Review
These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis
Cleveland State Law Review
Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.
College Residency Requirement, Thomas G. Longo, George M. Schroeck
College Residency Requirement, Thomas G. Longo, George M. Schroeck
Cleveland State Law Review
Many state colleges and universities differentially classify students as "residents" or "nonresidents." Such institutional classifications have no legal effect regarding the students' legal domicile for other purposes, yet a classification of "nonresident" generally imposes the correlative of paying a substantially higher rate of tuition.
Untenured Professors' Rights To Reappointment, Arthur H. Kahn, Michael D. Solomon
Untenured Professors' Rights To Reappointment, Arthur H. Kahn, Michael D. Solomon
Cleveland State Law Review
We are now in a period during which present tenure systems are undergoing close scrutiny by the public and the legislatures. Some of those now criticizing universities would like to see these institutions of higher learning placed under greater accountability to the public. It is especially during this period that university boards and administrators must exercise extreme care to eliminate abuses of tenure and pre- vent any new abuses from occurring, in order to avoid unnecessary criticism from those who wish to embarrass the supporters of that academic freedom under which our universities have flourished. To further complicate this controversy …
Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty
Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty
Cleveland State Law Review
This article will investigate the extent to which the tenure benefits of due process are available to petitioners who can establish an "expectancy of employment." This due process, as to dismissal, includes notice, opportunity for a hearing and reasonable cause.
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Cleveland State Law Review
The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …
Book Review, James C. Williams
Book Review, James C. Williams
Cleveland State Law Review
Review of Legal Limits of Authority over the Pupil, Edward C. Bolmeier, Michie Co. 1970
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Cleveland State Law Review
Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.
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 …
Student Unrest, And The Law, William B. Saxbe
Student Unrest, And The Law, William B. Saxbe
Cleveland State Law Review
Many people have recently expressed alarm about the student unrest in our universities and on our college campuses. I am delighted to have this opportunity to submit an article to The Cleveland State Law Review, for it provides a forum for me to express my views on the subject.
School Student Dress And Appearance Regulations, Marvin R. Plasco
School Student Dress And Appearance Regulations, Marvin R. Plasco
Cleveland State Law Review
Until recently, the general public and the legal profession have had little concern about the civil rights of the individual student in our public educational system. The student has been forced to fight his own battle against school regulations and penalties and the procedures by which these regulations have been enforced. The result often has been the loss of some of his personal freedoms.The right of the public school system to establish dress and appearance regulations, and the right of the student to dress as he desires, have brought the conflict to the foreground.
Teachers' Tort Liability, Thomas A. Dugan
Teachers' Tort Liability, Thomas A. Dugan
Cleveland State Law Review
The recent notoriety in the Cleveland area attendant upon several reports of alleged batteries committed by teachers has served to focus the attention of both the educator and the citizen on this aspect of liability. This attention may well result in some necessary judicial and legislative clarification in this area, but it may tend to obscure other equally important facets of the teacher's tort liability. It is with this thought in mind that this article is written. The article itself is intended as much for teachers as it is for attorneys. Where possible, it attempts to transcend the attorney's usual …
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Cleveland State Law Review
This article attempts to survey the legal aspects of one problem of modern American schools - the problem of discipline and control of pupils.