Law Commons^™

Reutter’S The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Charles J. Russo

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,² likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …

The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights. There are now two chapters on student rights. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Charles J. Russo

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools1 to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,2 a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,3 the Court struck down the Defense of Marriage Act thereby requiring …

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Charles J. Russo

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal …

Handbook Of Comparative Higher Education Law, Charles J. Russo

Charles J. Russo

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Charles J. Russo

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Charles J. Russo

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world. The first book of its kind, this volume consists of …

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

Charles J. Russo

No abstract provided.

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

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, …

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?

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

Charles J. Russo

No abstract provided.

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

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

Charles J. Russo

No abstract provided.

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

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. …