Education Law Commons^™

Impasse Resolution Mechanisms And Teacher Strikes, Diane L. Kaye

University of Michigan Journal of Law Reform

Public school teachers have no right to strike under Michigan law, but the power to strike exists. Michigan residents witnessed forty teacher strikes in the autumn of 1973 alone. Among them was the forty-four-day strike by Detroit teachers. The strikes during the past fall were not an unfortunate aberration. Ninety percent of the strikes in Michigan are by school teachers. In the public education context, the threat of a strike no longer brings negotiating parties together. A new mechanism for resolution of deadlocks in teacher-school board contract disputes is needed. This article describes the problem, outlines impasse resolution procedures presently …

The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon

Villanova Law Review (1956 - )

No abstract provided.

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.

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

Supreme Court Case Files

No abstract provided.

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 …

Education At A Discount: Qualifying For Resident Tuition At State Universities, Barry D. Glazer

University of Michigan Journal of Law Reform

One recurring problem is the reclassification of those students initially classified as nonresidents who have thereafter decided to become residents of the state and thereby seek to take advantage of the lower tuition offered to residents. This article identifies the major difficulties in changing classification and analyzes some of the constitutional questions concerning the application of the nonresident tuition fee subsequent to Starns. Additionally, the article examines the extent to which proposed model legislation on tuition residency solves the existing objections to the application of the nonresident tuition fee at state universities.

Grayned V. City Of Rockford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett

West Virginia Law Review

No abstract provided.

Statutory Construction--Dismissal Hearing Before Board Of Education

West Virginia Law Review

No abstract provided.

Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice

University of Michigan Journal of Law Reform

Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …

New York City School Decentralization, Barry D. Hovis

University of Michigan Journal of Law Reform

The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …

The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus

Michigan Law Review

The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …

The Coming Revolution In Public School Management, Donald H. Wollett

Michigan Law Review

Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.

The University Of Michigan: Its Legal Profile, William B. Cudlip

Michigan Legal Studies Series

Inspiration for the preparation of this volume came from reading two sections of Volume I of the four-volumes published in 1942 entitled, The University of Michigan-An Encyclopedic Survey. One section by E. Blythe Stason, Dean Emeritus of the University's Law School, is captioned "The Constitutional Status of the University of Michigan." The other section captioned "The Organization, Powers and Personnel of the Board of Regents" was prepared by the Dean and the late Wilfred B. Shaw, long connected with the University in important administrative capacities and intimately acquainted with its history.

The material here presented duplicates in part that …

Black, White, Brown And Green: Color Consciousness In Public School Desegregation, Fh. Von U.

Georgia Law Review

Since 1954 and Brown v. Board of Education it has been against the law to educate white and black children separately. Separate schools, separate classrooms within a single school, or separate seating arrangements within the same classroom are inherently discriminatory. The law which separate education violates is not an HEW Rule, Regulation or Guideline; nor is it a federal statute. Where a public school system includes children of more than one color or national origin, education of any group of children within that system in a school which is identifiable as "belonging" to one race or another violates the United …

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …

State Universities - Legislation Control Of A Constitutional Corporation, William P. Wooden

Michigan Law Review

The Utah Constitution provides: "The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.'' Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies …

Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.

Michigan Law Review

Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …

Local Law—Teachers Held To Be "Employees" Of Municipality, John J. Cooney

Buffalo Law Review

Shlakman v. Board of Higher Education, 282 App. Div. 718, 122 N. Y. S. 2d 286 (2d Dep't 1953).

Caleb Mills And The Indiana Free School Law, Val Nolan Jr.

Articles by Maurer Faculty

No abstract provided.

Church, The State, And Mrs. Mccollum, Clarence Emmett Manion

Journal Articles

On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.

In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …

Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Fred C. Newman

Michigan Law Review

Plaintiff taxpayers instituted proceedings to restrain defendant board of education from complying with a statute which required defendant board of education to expend public funds for the purpose of transporting pupils to and from a parochial school. Held, that the statute was invalid as violative of the provision of the state constitution which prohibited the use of any public money "directly or indirectly" in aid of any sectarian school, and plaintiffs were entitled to judgment upon the pleadings; three judges dissented. Judd v. Board of Education of Union Free School Dist. No. 2, 278 N. Y. 200, 15 …

Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook

Michigan Law Review

A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …

State Control Of Public School Curriculum, Charles J. Turck

Kentucky Law Journal

No abstract provided.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

School Boards: Their Duties And Responsibilities, Thomas M. Cooley

Other Publications

Justice Cooley comments on the office of member of a school board as one of public trust, “and from the nature of the duties attached, is one of the most important.” Cooley notes that while this office may not be as exalted as other positions, “it deals with interests which concern every household, and upon which the highest interests of the State and the nation may at last depend.” His reverence for the vocation is expressed in his closing, where he asserts that “As it is the manifest purpose of the Almighty that body and mind should alike be developed, …