Education Law Commons^™

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

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.

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Faculty Publications

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Faculty Publications

No abstract provided.

Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner

Seattle University Law Review

The Rowley Court had the opportunity to reverse state erosions of the EHA. Unfortunately, the Court ratified and encouraged such attacks. The Court's educational benefit standard demands as little as Washington's "suitable education" standard. The Rowley Court suggested a way to sidestep the IEP process which is similar to Washington's avoidance method. Finally, the Court eliminated judicial review of state administrative decisions regarding educational standards and the educational programs of handicapped children. The Rowley Court justified this elimination by claiming that parental ardor and participation in the IEP process were sufficient remaining safeguards for handicapped children. However, effective exclusion of …

In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh

Washington Law Review

There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …

Origins On Trial: Evolutionists And Creationists Lock Horns In Little Rock, Steven Kurlander

In the Public Interest

No abstract provided.

"School's Closed!": Schoolchildren's Fantasy Almost Becomes Stark Reality For Undocumented Mexican Immigrants, Edward P. Yankelunas

In the Public Interest

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bob Jones University V. United States, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fundamentalist Schools And The Law, Neal Devins

Popular Media

No abstract provided.

School Discipline And The Handicapped Child

Washington and Lee Law Review

No abstract provided.

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …

Tragic Choices In Special Education: The Effect Of Scarce Resources On The Implementation Of Pub. L. No. 94-142, James Stark

Faculty Articles and Papers

No abstract provided.

The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff

Michigan Law Review

A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell

Trial And Error: The Detroit School Segregation Case, Michigan Law Review

Michigan Law Review

A Review of Trial and Error: The Detroit School Segregation Case by Eleanor P. Wolf

Education - Federal Statutory Right Of Handicapped Children To An Appropriate Education - Residential Placement, Kathryn L. Bindas

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a profoundly retarded child has a right to residential placement to obtain appropriate education guaranteed by the Education for All Handicapped Children Act of 1975 even though such placement also meets his social and medical needs.

Krue le v. New Castle County School District, 642 F.2d 687 (3d Cir. 1981).

School Discipline Procedures: Some Empirical Findings And Some Theoretical Questions, Lee E. Teitelbaum

Indiana Law Journal

No abstract provided.

Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair

University of Michigan Journal of Law Reform

This Note explores the propriety of teaching the theory of evolution and the scientific creation model in public elementary and secondary schools. Part I discusses the powers of the state and its political subdivisions to set public school policy and curriculum content and the extent to which those powers are circumscribed by the religion clauses of the first amendment. Part I concludes that the religion clauses permit the teaching of evolutionary theory in public schools. Part II examines the variety of judicial and legislative relief potentially available to creationists where the teaching of evolution theory interferes with their religious beliefs …

"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 …

Hathorn V. Lovorn, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Board Of Education, Island Trees Union Free School District No. 26 V. Pico By Pico, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Toll V. Moreno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plyler V. Doe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Widmar V. Vincent, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Washington V. Seattle School District No. 1, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.