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Articles 5281 - 5310 of 6064

Full-Text Articles in Education Law

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr Jan 1991

Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

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 …


Racial Insults And Free Speech Within The University, J. Peter Byrne Jan 1991

Racial Insults And Free Speech Within The University, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …


From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone Jan 1991

From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.

During the same period, Congress …


Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel Jan 1991

Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel

Journal Articles

No abstract provided.


Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow Jan 1991

Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow

Articles

Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …


What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw Jan 1991

What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw

Seattle University Law Review

Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …


Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton Jan 1991

Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton

Articles

No abstract provided.


Voice, Not Choice, James S. Liebman Jan 1991

Voice, Not Choice, James S. Liebman

Faculty Scholarship

In John Chubb and Terry Moe's book, choice is hot; voice is not. As influential as their book has become in current policy debates, however, its data and reasoning may support policies the reverse of those that the authors and their "New Paradigm" disciples propose. In this review, voice is hot; choice is not.


Mergens: Is The Equal Access Issue Settled, J. Patrick Mahon Oct 1990

Mergens: Is The Equal Access Issue Settled, J. Patrick Mahon

The Journal of Law and Education

No abstract provided.


Title Page Oct 1990

Title Page

The Journal of Law and Education

No abstract provided.


Secular Humanism And Education, Martha M. Mccarthy Oct 1990

Secular Humanism And Education, Martha M. Mccarthy

The Journal of Law and Education

No abstract provided.


The Limits Of Outcomes Analysis: A Comment On Sex Discriminatin In Higher Education Employment: An Empirical Analysis Of The Case Law, Barbara A. Lee Oct 1990

The Limits Of Outcomes Analysis: A Comment On Sex Discriminatin In Higher Education Employment: An Empirical Analysis Of The Case Law, Barbara A. Lee

The Journal of Law and Education

No abstract provided.


Social Fraternities At Public Institutions Of Higher Education: Their Rights Under The First And Fourteenth Amendments, Gregory F. Hauser Oct 1990

Social Fraternities At Public Institutions Of Higher Education: Their Rights Under The First And Fourteenth Amendments, Gregory F. Hauser

The Journal of Law and Education

No abstract provided.


Counterpoint, Eldon D. Wedlock Jr. Oct 1990

Counterpoint, Eldon D. Wedlock Jr.

The Journal of Law and Education

No abstract provided.


Recent Developments In The Law Oct 1990

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.


Book Review Oct 1990

Book Review

The Journal of Law and Education

No abstract provided.


The Religious Education Provisions Of England's Education Reform Act 1988 - Or What The Establishment Clause Is Saving You From, Sebastian Poulter Oct 1990

The Religious Education Provisions Of England's Education Reform Act 1988 - Or What The Establishment Clause Is Saving You From, Sebastian Poulter

The Journal of Law and Education

No abstract provided.


Table Of Contents Oct 1990

Table Of Contents

The Journal of Law and Education

No abstract provided.


Exclusivity Of Collective Bargaining Arbitration In Canadian Academia, A. N. Khan Oct 1990

Exclusivity Of Collective Bargaining Arbitration In Canadian Academia, A. N. Khan

The Journal of Law and Education

No abstract provided.


Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow Oct 1990

Academic Freedom And The University Title Vii Suit After University Of Pennsylvania V. Eeoc And Brown V. Trustees Of Boston University, Clisby L.H. Barrow

Vanderbilt Law Review

Tenure' is the crowning laurel of academia. The process of reviewing a candidate for tenure at the university level generally begins with an evaluation and recommendation by a group of the candidate's peers. Candidates who are denied tenure may seek judicial review of the decision and discovery of peer review materials. Not surprisingly, universities encourage courts to defer to tenure decisions and to deny plaintiffs access to confidential peer review documents.Traditionally, in fact, courts have given great deference to university tenure decisions. Judicial deference has pervaded every phase of review from discovery to trial and remedy. As deference to university …


Institutional Liability For Student Activities And Organizations, Douglas R. Richmond Jul 1990

Institutional Liability For Student Activities And Organizations, Douglas R. Richmond

The Journal of Law and Education

No abstract provided.


Counterpoint, Perry A. Zirkel Jul 1990

Counterpoint, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Understanding Gender-Based Wage Discrimination: Legal Interpretation And Trends Of Pay Equity In Higher Education, Gaye Luna Jul 1990

Understanding Gender-Based Wage Discrimination: Legal Interpretation And Trends Of Pay Equity In Higher Education, Gaye Luna

The Journal of Law and Education

No abstract provided.


A Case For Mandatory Urine Testing For Drugs In Public Schools, Jeffrey T. Sultanik Jul 1990

A Case For Mandatory Urine Testing For Drugs In Public Schools, Jeffrey T. Sultanik

The Journal of Law and Education

No abstract provided.


From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell Jul 1990

From The Lighthouse: The Promise Of Redemption And The Possibility Of Legal Interpretation, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Table Of Contents Jul 1990

Table Of Contents

The Journal of Law and Education

No abstract provided.


Special Education Children With Hiv Infection: Standards And Strategies For Admission To The Classroom, Maureen M. Murphy Jul 1990

Special Education Children With Hiv Infection: Standards And Strategies For Admission To The Classroom, Maureen M. Murphy

The Journal of Law and Education

No abstract provided.


Law Review Digests Jul 1990

Law Review Digests

The Journal of Law and Education

No abstract provided.


Title Page Jul 1990

Title Page

The Journal of Law and Education

No abstract provided.