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Articles 31 - 60 of 64
Full-Text Articles in Education Law
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 …
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 …
Book Review, Janice T. Warren
Book Review, Janice T. Warren
Cleveland State Law Review
Review of Student Protest and the Law, Edited by Grace W. Holmes, The Institute of Continuing Legal Education, Hutchins Hall, Ann Arbor, Michigan, 1969.
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 …
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 …
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.
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.
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.
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
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.
Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew
Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew
Cleveland State Law Review
"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due …
Book Review, William Harvey Wiest
Book Review, William Harvey Wiest
Cleveland State Law Review
Review of Current School Problems, Edited by William Carroll, Practising Law Institute, 1969
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 …
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.