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Full-Text Articles in Education Law

Implementing The Illinois Educational Labor Relations Act, Martin H. Malin Feb 1985

Implementing The Illinois Educational Labor Relations Act, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Emerging Legal Theories Of Educational Malpractice And Judicial Rejection, Tanya Ruth Von Gustedt Jan 1985

Emerging Legal Theories Of Educational Malpractice And Judicial Rejection, Tanya Ruth Von Gustedt

Theses, Dissertations and Capstones

This is a study of the current legal theories, elements, and courts’ stances affecting educational malpractice litigation. General and legal issues were researched as a basis to identify court attitudes and general public pressures. The study also took a look at the question of possible avenues for dealing with problems of educational malpractice. Should the courts decide why Johnny can’t read and award monetary damages? Should the legislature deal with the problem of faulty education, or should a totally different agency become involved in such an undertaking?

Related fields, such as medical malpractice, torts, contract theory, and responsiblities and obligations …


The Political Role Of Superintendents In State Educational Decision Making As Perceived By Superintendents And West Virginia Legislators, Mark Anthony Manchin Jan 1985

The Political Role Of Superintendents In State Educational Decision Making As Perceived By Superintendents And West Virginia Legislators, Mark Anthony Manchin

Theses, Dissertations and Capstones

Purpose

This study was done to determine (1) if members of the West Virginia Legislature and county superintendents were in agreement as to the role superintendents are taking and should take politically state educational decision making process, (2) if the superintendents and legislators were in agreement as to the political climate presently in the State of West Virginia, and (3) what part certain independent variables play in the actual political role of superintendents.

Procedure

The instrument for the study was a questionnaire designed and validated by Moore, used in the state of Colorado for a similar study. The questionnaire consisted …


Grove City College V. Bell: Restricting The Remedial Reach Of Title Ix, Barrie L. Brejcha Jan 1985

Grove City College V. Bell: Restricting The Remedial Reach Of Title Ix, Barrie L. Brejcha

Loyola University Chicago Law Journal

No abstract provided.


The Failure Of Legal Education And The Promise Of Critical Legal Studies, Jay M. Feinman Jan 1985

The Failure Of Legal Education And The Promise Of Critical Legal Studies, Jay M. Feinman

Cardozo Law Review

No abstract provided.


Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver Jan 1985

Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver

Washington and Lee Law Review

No abstract provided.


Creationism, Evolution And The First Amendment: The Limits Of Constitutionally Permissible Scientific Inquiry, Nancy Levit Jan 1985

Creationism, Evolution And The First Amendment: The Limits Of Constitutionally Permissible Scientific Inquiry, Nancy Levit

Faculty Works

No abstract provided.


An Analysis Of Parental Rights In The Education Of Their Children, Marylou Brain Mundy Jan 1985

An Analysis Of Parental Rights In The Education Of Their Children, Marylou Brain Mundy

All Master's Theses

This study presents an analysis of the parental rights involved in the selection and direction of the education of their children.

Six kinds of source materials are examined in the study: (1) legal citations, annotations, and digests; (2) constitutions, laws, codes, statutes, rules, regulations, policies, and proceedings; (3) law reports, reviews and analyses; (4) general reading lists, books and periodicals; and (5) related graduate degree dissertations.

There were two major reasons for analysis of parents' rights in the affairs of learning and education of their children. They include (1) that many of the controversies involving parental rights have their roots …


Student Rights: U.S. Supreme Court Cases-- Their Implications For And Implementation In Washington Schools, Angela Dawn Ramsey Jan 1985

Student Rights: U.S. Supreme Court Cases-- Their Implications For And Implementation In Washington Schools, Angela Dawn Ramsey

All Master's Theses

The relationship between national litigation and state legislation was studied. Seven areas of student rights were used in categorizing Washington State's educational laws and policies, and twenty-three precedent-setting United States Supreme Court cases. The results showed support for the hypothesis that national litigation impacts state legislation in educational policy-making. Implications for and impact that this has upon the future are discussed.


Another Way Of Looking At School Aid, John H. Garvey Jan 1985

Another Way Of Looking At School Aid, John H. Garvey

Scholarly Articles

No abstract provided.


In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins Jan 1985

In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins

Faculty Publications

No abstract provided.


The Funding Of Children's Educational Costs, Douglas A. Kahn Jan 1985

The Funding Of Children's Educational Costs, Douglas A. Kahn

Articles

A plan for reduction of educational costs should take federal transfer taxes into account. The method chosen for reducing income tax liability usually will involve making gifts. To the extent that it is convenient to do so, the transfer tax consequences of making such gifts should be minimized. This article will examine the estate and gift tax consequences of the income tax reduction arrangements described herein and will consider means of structuring the transactions so as to minimize those consequences.


Law On The Campus 1960–1985: Years Of Growth And Challenge, William A. Kaplin Jan 1985

Law On The Campus 1960–1985: Years Of Growth And Challenge, William A. Kaplin

Scholarly Articles

The last quarter century has witnessed an enormous expansion in the law's presence on America's campuses. Whether one is engaged in campus disputes, planning to avoid future disputes, or charting an institution's policies and priorities, law has become an indispensable component of decision making. Questions of educational policy have increasingly become converted into legal questions as well. The last twenty-five years have seen courts called upon to resolve thorny issues of academic discipline with respect to student misconduct, academic dishonesty, and unsatisfactory academic performance. Some institutions have been sued for failing to desegregate their student bodies and faculties, while others …


The Metamorphosis Of Legal Education Symposium On Legal Education, Peter L. Strauss Jan 1985

The Metamorphosis Of Legal Education Symposium On Legal Education, Peter L. Strauss

Faculty Scholarship

Professor Brook's remarks this morning provide a context for my own. I mean to say a word or two for the classical era. One of the characteristics of legal education over the past half century or so, one that we ought not give up, has been its passion for order in a chaotic world. Striking as it is to say that "a passion for order ill suits a chaotic world," the world has ever been chaotic – and that passion, our principal defense. The question is, with what principles of order do we exercise that passion, to subdue unruly fact. …


Administrative Regulation Of The High School Press, Michigan Law Review Dec 1984

Administrative Regulation Of The High School Press, Michigan Law Review

Michigan Law Review

This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …


Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach Nov 1984

Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach

BYU Law Review

No abstract provided.


Bennett V. New Jersey, Lewis F. Powell Jr. Oct 1984

Bennett V. New Jersey, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Jersey V. T.L.O., Lewis F. Powell Jr. Oct 1984

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr. Oct 1984

School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins Oct 1984

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

William & Mary Law Review

No abstract provided.


New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman Oct 1984

New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman

Faculty Publications

No abstract provided.


Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine Apr 1984

Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine

North Carolina Central Law Review

No abstract provided.


Bob Jones University V. U.S.: A Political Analysis, Neal Devins Apr 1984

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Faculty Publications

No abstract provided.


Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii Feb 1984

Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii

Michigan Law Review

A Review of Compelling Belief: The Culture of American Schooling by Stephen Arons


Drugs, Athletes, And The Ncaa: A Proposed Rule For Mandatory Drug Testing In College Athletics, 18 J. Marshall L. Rev. 205 (1984), James B. Ford Jan 1984

Drugs, Athletes, And The Ncaa: A Proposed Rule For Mandatory Drug Testing In College Athletics, 18 J. Marshall L. Rev. 205 (1984), James B. Ford

UIC Law Review

No abstract provided.


Textbook Adoption Laws, Precensorship, And The First Amendment: The Case Against Statewide Selection Of Classroom Materials, 17 J. Marshall L. Rev. 167 (1984), M. David Bieber Jan 1984

Textbook Adoption Laws, Precensorship, And The First Amendment: The Case Against Statewide Selection Of Classroom Materials, 17 J. Marshall L. Rev. 167 (1984), M. David Bieber

UIC Law Review

No abstract provided.


Religious Liberty In The Public High School: Bible Study Clubs, 17 J. Marshall L. Rev. 933 (1984), Mark J. Lura Jan 1984

Religious Liberty In The Public High School: Bible Study Clubs, 17 J. Marshall L. Rev. 933 (1984), Mark J. Lura

UIC Law Review

No abstract provided.


Does Gender Equality Always Imply Gender Blindness--The Status Of Single-Sex Education For Women, Caren Dubnoff Jan 1984

Does Gender Equality Always Imply Gender Blindness--The Status Of Single-Sex Education For Women, Caren Dubnoff

West Virginia Law Review

No abstract provided.


After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi Jan 1984

After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi

University of Miami Law Review

No abstract provided.


Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp Jan 1984

Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp

Faculty Scholarship

No abstract provided.