Education Law Commons^™

First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca H. White

Scholarly Works

Institutions of higher education command and receive considerable respect in our society. An apparent corollary of this revered status is the deference accorded colleges and universities by the courts. This deferential attitude is brought into sharp focus when a contractual dispute arises between a private university and one of its students.

It is well settled that the private university/student relationship is contractual in nature. Educational contracts, however, are regarded as possessing unique features that require special consideration; a construction which preserves schools' broad discretionary powers is often viewed as essential. Thus, courts have refused to invoke a strict contractual approach …

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith

Scholarly Works

Kinloch School District, small and all-black, adjoins the predominantly white Berkeley and Ferguson-Florissant School Districts in St. Louis County, Missouri. Kinloch and Berkeley had comprised one district until 1937, when they split along racial lines. In 1971 the United States, pursuant to Title IV of the Civil Rights Act of 1964 and the fourteenth amendment, commenced a school desegregation action against the State of Missouri, the State and county boards of education, the three school districts, and several public officials. The district court concluded that all the defendants had unlawfully maintained Kinloch as a racially segregated school district. After reviewing …

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …