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Articles 31 - 50 of 50
Full-Text Articles in Education Law
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
University of Richmond Law Review
On March 31, 1992, the United States Supreme Court unanimously declared that federal district courts have the authority to relinquish supervision and control of a public school desegregation plan in incremental stages, before full compliance has been achieved in every area of school operations. The Court also held that public school districts have no duty to remedy racial imbalance caused by demographic shifts once the vestiges of de jure segregation have been eliminated. Reversing a lower court's ruling, Justice Kennedy, writing for the majority, stated that the decision was consistent with the Court's duties to both remedy constitutional violations and …
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
University of Richmond Law Review
Two years ago one of the authors published an article surveying the tax ramifications of prepaid college tuition plans, with a focus on the Michigan plan - the Michigan Education Trust ("MET"). That article took a generally positive view of such plans in general and of MET in particular. It discussed three basic themes: 1) the uncertainty of existing tax law with respect to prepaid tuition plans requires clarifying congressional legislation; 2) the position of the Internal Revenue Service ("Service") with respect to prepaid tuition plans, as enunciated in a private letter ruling addressed to MET, is flawed; and 3) …
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
University of Richmond Law Review
The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.
Virginia Public Schools- Student Rights, Todd Holliday
Virginia Public Schools- Student Rights, Todd Holliday
University of Richmond Law Review
"At common law the education of the child by the State was unknown. In Virginia, the idea that the welfare of the State could be advanced by the education of the masses was first advanced by Mr. [Thomas] Jefferson." Virginia, as well as all other states, has established a system of public education. The great benefits of the public school system undoubtedly enhance both the individual and society as a whole. Nevertheless, if Thomas Jefferson, the father of this great institution, were able to observe the current conditions of public schools, he would, as the saying goes, "roll over in …
Response To From Scopes To Edwards, Gary C. Leedes
Response To From Scopes To Edwards, Gary C. Leedes
University of Richmond Law Review
Mr. Dhooge's one-dimensional article is designed to make us believe that the Louisiana legislature was overpowered by politically powerful biblicists who want science fiction introduced into the public schools. It is remarkable that the legislative history is not cited by Dhooge except for those portions which are included in the Court's distorted presentation of the record in Edwards v. Aguillard. Dhooge, echoing the Court, impugns the motives of Louisiana lawmakers who emphatically opposed improperly presented creation-science. It is difficult to credit Justice Brennan and Mr. Dhooge with a fair reading of the record when they cite snippets of testimony taken …
From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge
From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge
University of Richmond Law Review
Few issues have generated as much controversy as the scope of the religion clauses of the first amendment to the United States Constitution within the setting of the public schools. Indeed, as Justice Brennan once stated, the courts have "encountered few issues more intricate or more demanding than that of the relationship between religion and the public schools." This controversy is not surprising in light of the important role played by the public schools in shaping the nation's thoughts, beliefs and institutions. It is a controversy without end; for as long as the public schools maintain their primary role in …
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
University of Richmond Law Review
Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
University of Richmond Law Review
The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
University of Richmond Law Review
In 1980, there were 233,000 local government employees in Virginia. Of this number, 60,588 were public school teachers employed by local school boards for the 1980-81 school year. Characterized as both professionals and public employees, public school teachers not only "teach the children" but perform many other duties crucial to the efficient operation of the schools. These additional responsibilities are generally assigned by the teacher's immediate supervisor, usually the school principal, under authority granted by the local school board. Like other state and local government employees in Virginia, teachers have no power to collectively negotiate their contracutal duties' which they …
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
University of Richmond Law Review
Minimum competency testing1 has been described as the "next major reform movement in American education." It also has been described as the "Great American Fad of the 1970's." The call for a minimum competency test requirement for graduation from high school resulted from increasing public concern about rising illiteracy rates and declining standardized test scores. This concern has created a "back to basics" trend in education, with a concurrent emphasis on educational accountability. This was the point at which most state legislatures entered the process by enacting accountability statutes. The competency tests are an aspect of this accountability. They are …
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …
The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp
The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp
University of Richmond Law Review
The Family Educational Rights and Privacy Act of 1974, the so called Buckley Amendment, grants parents the right to inspect all records that schools maintain on their children and to challenge any contents they believe are inaccurate or misleading. The Act also requires that parents consent before information from school records is released to those outside specified educational categories. Once a student reaches eighteen years of age or enters a postsecondary educational institution, he assumes these rights in his parents' stead. The penalty for failure of an educational system or institution to comply with the law is loss of all …
Tax Reform And The Voluntary Support Of Higher Education, Sheldon Elliot Steinbach
Tax Reform And The Voluntary Support Of Higher Education, Sheldon Elliot Steinbach
University of Richmond Law Review
Since colonial times voluntary support has been a major factor in the financing of American higher education. It is estimated by the Council for Financial Aid to Education that the total voluntary support of institutions of higher education in 1971-72 was slightly over $2 billion. This represents an increase of $160 million or 8.6% over the $1.8 billion received in 1970-71.2 Private philanthropy is not limited to private colleges but is increasingly being extended to state-controlled institutions so that in 1971-72 such state-controlled institutions received over 21% of the total voluntary support to higher education. The financial plight of colleges …
Teacher Malpractice, Richard S. Vacca
Teacher Malpractice, Richard S. Vacca
University of Richmond Law Review
Over the years, many classroom teachers in public schools have assumed'that as employees of local school boards, they were not subject to tort liability for injuries suffered by their students. Only those teachers who have found themselves a party to litigation involving an injured student ever fully recognized just how legally vulnerable teachers are to such actions.
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
University of Richmond Law Review
Revenues necessary to fund public education are generated by a system of school financing in general use throughout the United States. Basically, funds are derived from three sources: federal aid, state aid, and some form of local ad valorem tax on property, as determined by assessed values. Even though the percentages supplied by each source vary from jurisdiction to jurisdiction, each system appears to have one common denominator- a major portion of its operating fund is supplied by taxation of property situated within the school district or local unit of government. Obviously, a district with high property values can generate …
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
University of Richmond Law Review
Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.
Taxation- Deductibility Of Contributions To Segregated Private School
Taxation- Deductibility Of Contributions To Segregated Private School
University of Richmond Law Review
Brown v. Board of Education set the stage for an extensive series of activities designed to circumvent the Court's intention to abolish segregated public education. However legally futile many of these endeavors have become, there remains one instrument of education over which the fourteenth amendment is powerless: the private school. Since tuition alone inevitably fails to generate sufficient revenue to fund the necessary expenses of construction and operation, private charitable contributions are needed, and are encouraged by their deductibility for federal income, as well as estate and gift tax purposes.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.