Education Law Commons^™

The Developing Law Involving The Teacher's Right To Teach, Frank R. Kemerer, Stephanie Abraham Hirsh

West Virginia Law Review

No abstract provided.

The Fourth Amendment Standard For Searches Of Students By School Officials: Reasonable Suspicion Or Probable Cause?, Lois Yankowski

Antioch Law Journal

The fourth amendment rights of students subjected to searches by school administrators or teachers has been the subject of much legal debate and confusion.' The Supreme Court has never considered the issue of search and seizure in the schools and has never addressed even the more general question of whether fourth amendment protections apply to juveniles. The lower courts which have examined the school search issue, with one exception,2 have provided students with substantially less fourth amendment protection than adults in non-school environments enjoy. These courts have focused on the in loco parentis status of school officials and have found …

An Educational-Counseling Program On Public Law 94-142 For Parents Of School-Aged Educable Mentally Handicapped Children, Patricia Coakley

Masters Theses & Specialist Projects

The passage of Public Law 94-142, the Education for All Handicapped Children Act of 1975, mandates that parents of a handicapped child must be included in the educational planning and placement procedures for their child. The law requires (1) parent counseling and (2) parent participation in the planning of the child’s educational career. Yet almost six years after the passage of Public Law 94-142, the role of parent which emerges today appears to be one of passive involvement in the Individualized Educational Plan (IEP) process. The literature suggests this lack of active participation possibly stems from several sources: the parents’ …

Charlotte's Web: Reflections On The Role Of Due Process In Academic Decisionmaking, Sue Wolf Brenner

Indiana Law Journal

No abstract provided.

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.

Bakke, Weber And Fullilove: Benign Discrimination And Congressional Power To Enforce The Fourteenth Amendment, Robert A. Bohrer

Indiana Law Journal

No abstract provided.

Graduate School Support: One Last Dip Into The Proverbial Parental Pocketbook, J. Andrew Crawford

Indiana Law Journal

No abstract provided.

Chief Justice Earl Warren, Otis H. King

North Carolina Central Law Review

No abstract provided.

Justice Byron R. White, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Justice William Brennan, John Doar

North Carolina Central Law Review

No abstract provided.

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Law, Policy, And The Public Schools, Mark G. Yudof

Michigan Law Review

A Review of Legislated Learning: The Bureaucratization of the American Classroom by Arthur Wise

Public School Meltdown, Stephen Arons

Michigan Law Review

A Review of Education by Choice: The Case for Family Control by John Coons and Stephen Sugarman

Britain, Blacks, And Busing, Derrick Bell

Michigan Law Review

A Review of Doing Good By Doing Little: Race and Schooling in Britain by David L. Kirp

Title Ix, Sex Ratios, And Trends In Leadership Roles In Aiaw Division I Institutions, Linda Toutant King

Theses, Dissertations and Capstones

The purpose of this investigation was to identify and analyze trends in Title IX’s impact and sex rations of athletic coaches and administrators in AIAW Division I intercollegiate athletic programs. Institutions offering at least one Division I intercollegiate athletic program, as defined by the Association for Intercollegiate Athletics for Women (AIAW), were chosen as a population. The following problems were investigated for the institutions chosen.

1. The number of women’s athletic activities in 1970-71, 1975-76 and 1980-81.
2. The number and percent of women coaching women’s athletics in 1970-71, 1975-76, and 1980-81.
3. The number and percent of women as athletic administrators in …

Indianapolis Desegregation: Segregative Intent And The Interdistrict Remedy, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights - Section 1983 - Corporal Punishment, Richard A. Stevens

Duquesne Law Review

The United States Court of Appeals for the Fourth Circuit has held that a public school student severely injured by the use of disciplinary corporal punishment can press substantive due process claims under 42 U.S.C. § 1983 for deprivation of the fourteenth amendment right to bodily security.

Hall v. Tawney, 621 F.2d 607 (4th Cir. 1980).

Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii

Faculty Publications

This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …

Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds

Cleveland State Law Review

This Note will advocate that freedom of speech should be extended to public school teachers, in the sense of curricular and extracurricular activities. As recent federal cases have held, the teacher is to be treated no differently from other citizens regarding free speech matters.

Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.

A Paradigm Of First Amendment Dilemmas: Resolving Public School Library Censorship Disputes, Leora Harpaz

Faculty Scholarship

In recent years courts have begun to ponder the first amendment issue of public school library book censorship. These fledgling judicial efforts have produced a mostly inadequate analysis of the complex legal picture presented by school library book censorship. Courts that desire to intervene in censorship disputes almost unthinkingly have relied on first amendment doctrines developed outside of the censorship area and assumed their easy application to this new problem. Courts that take a hands-off attitude toward the area rely heavily on the appropriateness of judicial intervention as their central theme. Nowhere to be found in these judicial responses is …

The Dismantling Of Higher Education Part 1, William K.S. Wang

Faculty Scholarship

No abstract provided.

Hennessy V. Webb: Sovereign Immunity For The Less-Than-Sovereign - How Far Will It Go?, Susan Pyeatt

Mercer Law Review

In Hennessy v. Webb, the Georgia Supreme Court held that a public school principal was entitled to governmental immunity from tort liability for alleged negligence in allowing a hazardous condition to exist upon school premises. The court ruled that plaintiffis action was brought against the principal in his official capacity as an agent of the board of education for negligent exercise of his authorized discretion.

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell

Buffalo Law Review

No abstract provided.

The Impact Of Columbus Board Of Education V. Penick And Dayton Board Of Education V. Brinkman On Proving Segregative Intent In School Desegregation Cases, Bernadine S. Balance

North Carolina Central Law Review

No abstract provided.

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Due Process Protection For Nontenured Faculty In Public Institutions Of Higher Education: Long Overdue, Donna P. Grill

West Virginia Law Review

The system of tenure in American higher education has been advanced as necessary to protect academic freedom and to encourage faculty innovation and independence of judgment. The system has not been immune from attack. Whether or not the reasons for the tenure system are sound and its purposes laudatory, tenure has resulted in a classification scheme for faculty members which has had profound effects on their legal and constitutional rights. It is this issue regarding tenure which is to be examined here. This Note will consider the constitutional rights of nontenured faculty in public colleges and universities, as interpreted in …