Education Law Commons^™

Constitutional Law—Equal Protection And The Neighborhood School Concept: The Demise Of The De Jure-De Facto Distinction—Seattle School District No. 1 V. Washington, 473 F. Supp. 996 (W.D. Wash. 1979), Appeal Docketed N. 79-4674 (9th Cir. Sept. 19, 1979), Dan M. Albertson

Washington Law Review

This note analyzes the district court's opinion in Seattle School District No. 1 v. Washington in the context of current doctrines in the field of school desegregation and concludes that the protected status previously accorded to the neighborhood concept6 will be substantially undermined if the Seattle decision is upheld on appeal

Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee

BYU Law Review

No abstract provided.

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.

X. Education Law

Washington and Lee Law Review

No abstract provided.

Public Law 94-142 And The Texas Law., Ann Macmurray

St. Mary's Law Journal

Abstract Forthcoming.

From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review

Michigan Law Review

A Book Notice about From Brown to Bakke: The Supreme Court and School Integration: 1954-1978 by J. Harvie Wilkinson III

Student Employees And Collective Bargaining, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review

Michigan Law Review

This Note examines a federal court's dilemma when the remedy of school desegregation collides with the trend of tax limitation - when a school desegregation order requires funds that the local school authorities do not have and cannot raise. Can the district court order a local tax levy to fund school desegregation when the school authorities have already reached their maximum taxing limit? Is there a better alternative remedy?

To tackle those questions, this Note first elucidates three equitable principles to guide courts in fashioning desegregation decrees. It then explores the history of judicial power to order state and local …

Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review

Michigan Law Review

This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …

Civil Rights - Sex Discrimination - Title Ix Of The Education Amendments Of 1972 - Implied Right Of Action, Kathy Condo-Caritis

Duquesne Law Review

The Supreme Court of the United States has held that a private right of action can be implied for victims of sex discrimination under Title IX of the Education Amendments of 1972.

Cannon v. University of Chicago, 441 U.S. 677 (1979).

Student Rights Of Passage: A Full Or Limited Partnership In University Governance, George P. Smith Ii

Scholarly Articles

No abstract provided.

Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman

Indiana Law Journal

No abstract provided.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

0297: Walter Lindsey Brown Papers, 1926-1979, Marshall University

Guides to Manuscript Collections

Papers include copies of speech and articles, memorials, correspondence, and newspaper clippings. Speeches include “Advising Management” [on legal issues] and a graduation speech from the 1926 commencement exercises from the University of Virginia. Articles include “A Substitute for the Bricker Amendment” from the Virginia Law Review and a resolution from Huntington Galleries mourning Brown. Clippings include obituaries about Brown’s death. Correspondence focuses on planning a memorial for Brown after his death, as well as the dedication of Walter L. Brown Hall at the University of Virginia School of Law.

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 …

Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca H. White

Scholarly Works

Institutions of higher education command and receive considerable respect in our society. An apparent corollary of this revered status is the deference accorded colleges and universities by the courts. This deferential attitude is brought into sharp focus when a contractual dispute arises between a private university and one of its students.

It is well settled that the private university/student relationship is contractual in nature. Educational contracts, however, are regarded as possessing unique features that require special consideration; a construction which preserves schools' broad discretionary powers is often viewed as essential. Thus, courts have refused to invoke a strict contractual approach …

School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen

Washington Law Review

Current debates about the legality of public school funding systems recognize that existing systems combine state, local, and federal revenue sources. The exact nature of the governmental partnership involved is seldom specified, however, and the result is that the institutional relationships are not clearly seen. This failure of perception leads to difficulties when a court is asked to determine the constitutionality of such systems. Two recent state school finance opinions will be analyzed here to compare two different styles of judicial intervention. This article does not deal with all school finance litigation nor with all styles of judicial involvement in …

Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Education Of The City School District Of New York V. Harris, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lawyers V. Educators: Changing Perceptions Of Desegregation In Public Higher Education, Jean Preer

North Carolina Central Law Review

No abstract provided.

Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe

Washington Law Review

Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …

Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.

West Virginia Law Review

No abstract provided.

Clash In The Classroom, David L. Chambers

Reviews

David L. Chambers reviews two books covering Brown vs. Bakke in The Washington Post. Chambers discusses ‘The Bakke Case: Politics of Inequality’ by Joel Dreyfuss and Charles Lawrence III, and ‘From Brown to Bakke: The Supreme Court and School Integration’ by J. Harvie Wilkinson.

Search And The Single Dormitory Room, Michigan Law Review

Michigan Law Review

This Note suggests that dormitory privacy should not be illusory. It argues that when a college breaches the standards of the fourth amendment in searching a student's room, the exclusionary rule should proscribe reliance on the fruits of that search to punish the student.

The argument progresses in two steps. Section I observes that the guarantees of the fourth amendment apply to searches of college students' rooms by college officials just as they apply to searches of any private dwelling by government officials. It traces the happy demise of Moore v. Student Affairs Committee, which allowed students only limited …

A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano

BYU Law Review

No abstract provided.

Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith

Washington Law Review

This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …

The Matrix Of Professionalization: Three Recent Interpretations, Alan Creutz

Michigan Law Review

A Review of The culture of Professionalism: The Middle Class and the Development of Higher Education in America by Buron J. Bledstein, and The Emergence of Professional Social Science: The American Social Science Association and the Nineteenth-Century Crisis of Authority by Thomas L. Haskell, and The Rise of Professionalism: A Sociological Analysis by Magali Sarfatti Larson

Ua12/2/1 College Heights Herald, Vol. 54, No. 35, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Fish, Tim. Violating Act May Cause Loss of Funds
• Post, Audrey. Phi Beta Sigma not Exempt from National Ruling, Official Says
• Beshear, Tom. Associated Student Government Could Lose Control of Activities Funding
• Regents Meet Saturday
• Privacy Rights Can’t Be Ignored
• Hancock, Catherine. Hot Times: Roomies Can Travel With the Touch of a Dial
• Crow, Barbara. Urges Support – Women’s Basketball
• Beshear, Tom. Associated Student Government Wants Student on State Council
• Law Test Given Feb. 3 at Area Universities
• Hancock, Catherine. Iranians Here Face Money Shortage …

Ua12/2/1 College Heights Herald, Vol. 54, No. 34, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Fish, Tim. Posting Grades May Violate U.S Act
• Carpenter, Steve. Code Violations Called Dangerous – Kentucky Building
• Judd, Alan. Paul Cook, James Davis among Choices for President
• Academic Council to Discuss Change in Course Numbers
• Financial Aid Booth to Open
• Advance Registration Need by All
• Whitaker, David. Opinion Pieces Are Nothing More
• Sims, Michelle. Says Story Misleading – steven Ford
• Student Center Patio to Open
• Beshear, Tom. Associated Student Government Plans 2 Spring Newsletter
• Annex Renovation Delayed – Industrial Arts Annex No. 2
• Mason, Cecelia. …

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …