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Articles 1 - 16 of 16

Full-Text Articles in Law

Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo Feb 2015

Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo

Charles J. Russo

Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …


The Best Interest Of The Child: A United States And South African Perspective, Ralph Mawdsley, Johan Beckmann, Charles Russo Feb 2015

The Best Interest Of The Child: A United States And South African Perspective, Ralph Mawdsley, Johan Beckmann, Charles Russo

Charles J. Russo

No abstract provided.


The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley Feb 2015

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

Charles J. Russo

In Elk Grove Unified School District v Newdow (Elk Grove) the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.


Education Law, Ralph Mawdsley, Charles Russo Feb 2015

Education Law, Ralph Mawdsley, Charles Russo

Charles J. Russo

Whether you are involved in a labor arbitration or trying to determine whether a student's body piercing is a form of expression protected by the First Amendment, Education Law will help you meet your responsibilities effectively.

Both a textbook and a practitioner's guide, Education Law provides insightful analysis and case law citations on such topics as: school governance; finance and procurement; employment issues, including tenure, dismissal, discrimination and reductions in the workforce; collective bargaining and dispute resolution procedures; student rights; requirements to provide individualized education to disabled students; tort liability; and more.

You'll find helpful discussions of countless problem areas, …


The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley Feb 2015

The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley

Charles J. Russo

No abstract provided.


Religious Events In Public Schools: Celebration Or Controversy?, Ralph Mawdsley, Charles Russo Feb 2015

Religious Events In Public Schools: Celebration Or Controversy?, Ralph Mawdsley, Charles Russo

Charles J. Russo

This article presents 3 questions for discussion: Can religious holidays be honored as long as all religions are treated equally? Can school officials ban all celebrations of religious holidays? Can officials choose to honor only certain holiday seasons but not others? The courts have increasingly disfavored religious celebrations and other religious activities in public schools. In a world where religious strife is rampant, if children are prohibited from learning about the religious traditions of peers, how will they ever develop tolerance for and an appreciation of people whose beliefs differ from their own?


The Supreme Court's Jurisprudence Of Religious Symbol And Substance, David L. Gregory, Charles J. Russo Feb 2015

The Supreme Court's Jurisprudence Of Religious Symbol And Substance, David L. Gregory, Charles J. Russo

Charles J. Russo

No abstract provided.


Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo Feb 2015

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

Charles J. Russo

No abstract provided.


Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo Feb 2015

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Charles J. Russo

No abstract provided.


Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 1st Edition, Ralph Mawdsley, Charles Russo Feb 2015

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 1st Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

No abstract provided.


Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo Feb 2015

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you: Understand the implications of-and methods available for-searching personal property and employees' computers Create legally sound drug-testing policies Know what constitutes permissible student and staff searches-and what doesn't And more!


A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley Feb 2015

A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley

Charles J. Russo

This article encourages debate regarding the power and force of teacher unions and collective bargaining and their impact on the quality of education. As an initial matter, it is important to keep in mind that the authors of this Counterpoint start with the premise that the purpose of employee unions, whether in education, the automobile industry, or other fields aside, is to save the jobs of members. In education, our argument is that taking care of students has decidedly taken a back seat, and thus, we find it frustrating to hear that teachers “want this for the children” when, in …


Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, Second Edition, Ralph Mawdsley, Charles Russo Feb 2015

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, Second Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you:

  • Understand the implications of — and methods available for — searching personal property and employees' computers
  • Create legally sound drug-testing policies
  • Know what constitutes permissible student and staff searches — and what doesn't
  • And more!


Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo Feb 2015

Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo

Charles J. Russo

No abstract provided.


Hostility Toward Religion And The Rise And Decline Of Constitutionally Protected Religious Speech, Ralph Mawdsley, Charles Russo Feb 2015

Hostility Toward Religion And The Rise And Decline Of Constitutionally Protected Religious Speech, Ralph Mawdsley, Charles Russo

Charles J. Russo

No abstract provided.


Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo Feb 2015

Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo

Charles J. Russo

Brown ushered in an era that has led to admirable, yet arguably incomplete, gains in equal educational opportunities for all children, most notably minorities, females, and students with disabilities. However, despite the progress that has been made in the struggle for educational equality, many exceptional students are not being fully served. Aside from commission reports and rhetoric, little has been done at either the federal or state level to offer appropriate programming for gifted and talented children's educational needs. It is questionable whether educational leaders and policy makers have taken sufficient steps to meet the educational needs of gifted children. …