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Articles 31 - 60 of 79
Full-Text Articles in Education Law
Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla
Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla
Cleveland State Law Review
My own and other research shows that Queer/Chicana/Latina college students who come from disadvantaged backgrounds or marginalized communities to the university often engage in a process of resistance to oppressive practices and environments within those institutions, even while continuing their education. While a higher education can be a form of liberation for many of these women, it can simultaneously be oppressive to some. As women learn how to negotiate both privilege and oppression in the college setting, they develop tools for understanding their conditions. One of these tools is political and social consciousness, which is often internalized and acted upon …
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
Law Faculty Articles and Essays
Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …
Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph Mawdsley
Law Faculty Articles and Essays
The purpose of this article is to examine how courts, in their more recent decisions, have addressed the religious speech claims of individual students, student groups, and community organizations.
Constitutional Common School, Molly O'Brien, Amanda Woodrum
Constitutional Common School, Molly O'Brien, Amanda Woodrum
Cleveland State Law Review
In this paper we turn to historical evidence as a beginning point for understanding the constitutional vision and values of the "thorough and efficient system of common schools" mandated by Article VI, Section 2 of the Ohio Constitution. In Part II, we consider the early development of public schooling in America and the complex relationship between public education and religion. The inclusion of the educational provisions in the Constitution of 1851 represented a victory for the advocates of a non-sectarian, state operated system of schools that would encourage civic participation and avoid religious indoctrination In Part II, we address efforts …
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Cleveland State Law Review
In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …
Why A Fundamental Right To A Quality Education Is Not Enough, James G. Wilson
Why A Fundamental Right To A Quality Education Is Not Enough, James G. Wilson
Law Faculty Articles and Essays
This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article's title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Law Faculty Articles and Essays
The Equal Access Act, upheld by the Supreme Court in Board of Education v. Mergens, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. Mergens presents many challenges to civil libertarians, who may find their traditional sympathies aligned on both sides of the issue. This article seeks to throw light on some of those issues by reporting on a research project that ascertained the actual effect of the Act on public high schools in Ohio.
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Cleveland State Law Review
AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
Cleveland State Law Review
Burdens of proof and standards of review can have a significant impact on the outcome of proceedings brought under the Education for All Handicapped Children Act and deserve a more consistently thoughtful approach than has been provided to date. Any confusion that exists may well be the result of courts, including the United States Supreme Court, failing to distinguish the various parts of the administrative process. The simple step of looking realistically at the administrative process (rather than lumping together Local Education Authorities, State Education Authorities, local due process hearings, and state administrative appeals, as the Supreme Court did in …
Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel
Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel
Cleveland State Law Review
Faculty tenure has been the subject of continuing concern and controversy in American higher education. Problems in this area, including the lack of definitive standards for evaluating tenure candidates, have been highlighted by the recent downturn in the economy and the resultant decline in both enrollment and employment in colleges and universities. This trend is actively demonstrated by the Fourth Circuit Court of Appeals decision in Mayberry v. Dees. This Article advocates and proposes a more exacting judicial review of faculty tenure cases that are based on collegiality or other such personality criteria. Initially, the operational context of faculty tenure …
Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds
Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds
Cleveland State Law Review
This Note will advocate that freedom of speech should be extended to public school teachers, in the sense of curricular and extracurricular activities. As recent federal cases have held, the teacher is to be treated no differently from other citizens regarding free speech matters.
Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen
Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen
Cleveland State Law Review
Cross-certification is the process by which a teacher seeks to satisfy the statutory requirements of tenure by relying on a professional, permanent, or life certificate in a field other than the field in which the teacher is employed. The Ohio Revised Code does not directly address the question of whether a teacher can cross-certify to obtain tenure. The appellate courts of Ohio are evenly divided on the question of whether cross-certification is statutorily permissible: three decisions have concluded that it is permissible, and three have concluded that it is not. This note will examine the decisions and statutes which pertain …
State Court Intervention In School Finance Reform, Annette B. Johnson
State Court Intervention In School Finance Reform, Annette B. Johnson
Cleveland State Law Review
This article will focus on the nature, appropriateness, and consequences of judicial activism and judicial restraint in the school financing area.
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Cleveland State Law Review
This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …
Book Review, Gregory G. Thatch
Book Review, Gregory G. Thatch
Cleveland State Law Review
Review of The Student, The College, The Law, John G. Hill, Jr. and William T. O'Hara, N.Y., London Teachers College Press, 1972.
Student Conduct Regulations, Arthur J. Marinelli Jr.
Student Conduct Regulations, Arthur J. Marinelli Jr.
Cleveland State Law Review
The law relating to university students in their relationships with their schools has been undergoing rapid change as students have sought judicial relief when subjected to disciplinary action by universities. The courts have, in recent years, applied constitutional standards in reviewing the action of university officials with respect to the form of student conduct regulations, student expression, and disciplinary proceedings in the tax-supported university. Judicial abstention was once the rule, historically based upon a number of varying theories. Attendance at a university was once regarded as a "privilege," and regulation of student action has been upheld on this theory as …
Mandatory Maternity Leave Policy In The School Systems - A Survey Of Cases, Phyllis Elayne Marcus
Mandatory Maternity Leave Policy In The School Systems - A Survey Of Cases, Phyllis Elayne Marcus
Cleveland State Law Review
Thus, it has been suggested that mandatory maternity leave regulations, which are in force in many American school systems today, are a ". . . manifestation of [this] cultural sex role conditioning . ... " It is only recently that the power of the school boards to make these rules requiring teachers to take leaves of absence after a certain month of pregnancy have been challenged in our courts. The first two cases raising this issue were La Fleur v. Cleveland Bd. of Educ.3 and Cohen v. Chesterfield County School Bd.4 in May 1971. Since then, there have been a …
Healy V. James: Official Campus Recognition For Student Groups, Jeffrey L. Terbeek
Healy V. James: Official Campus Recognition For Student Groups, Jeffrey L. Terbeek
Cleveland State Law Review
On June 26, 1972, the Supreme Court of the United States handed down its decision in the case of Healy v. James, a decision which will have great effect in the administrative review by a college or university official of a petition by a student group for recognition as a fullfledged campus organization. The Court declared that such a petition carries with it the associational rights of the group as protected by the first amendment, which can not be subjected to the prior restraint of denial without a constitutionally valid cause; placed the burden of proving such cause on the …
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Serrano: Its Progeny And Its Prophecy, James T. Flaherty
Cleveland State Law Review
No court decision since the Brown' decrees of 1954 have had such a devastating effect on the educational status quo as has the California STATE AID PROPERTY Tax decision of Serran and its progeny. Here, the California Supreme Court declared that unequal financing of public schools, based primarily on the local property tax, is a violation of the equal protection clause in that it "invidiously discriminates" against the poor.
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Cleveland State Law Review
This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.
Book Review, Salvatore J. Lopresti
Book Review, Salvatore J. Lopresti
Cleveland State Law Review
This entry focuses on the text Law and the School Superintendent. The book offers examples for lay readers of how to deal with issues like collective bargaining, discrimination, and free speech in schools.
Suability Of School Boards And School Board Members, Anne S. Mcfarland
Suability Of School Boards And School Board Members, Anne S. Mcfarland
Cleveland State Law Review
In the past three years, suits under 42 United States Code §1983 against school boards and school board members have burgeoned. Suits have been brought by teachers involved in union activity, by teachers who allege nonrenewal of contracts due to racial discrimination, by pupils who challenge hair and dress regulations, by unwed mothers who seek readmission to school, and by militant students who claim the right to practice-teach
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
Homosexuals In The Teaching Profession, Neal G. Horenstein
Homosexuals In The Teaching Profession, Neal G. Horenstein
Cleveland State Law Review
What is the status of the homosexual in the teaching profession? What are the problems in obtaining authorization to teach, or applying for a teaching position, and the effects of exposure as a homosexual on job security?
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.
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz
Cleveland State Law Review
The real reason for this article is found in the recognition that good law is generally a guide to good conduct. School people ought to know as much about what the law dictates in respect to conduct toward children under their supervision as they know about the teachings of psychology. Before getting directly into the discussion, it seems appropriate to stress that there is nothing in tort law which makes teachers or admin- istrators the insurers of the safety of children. Accidents will continue to happen which cause injury to children in school. If, however, the teacher or administrator has …