Education Law Commons^™

Government Aid To Church-Related Education : An Alternative Rationale

BYU Law Review

No abstract provided.

Constitutional Law-Procedural Due Process-Student Has Right To Have Attorney Present At University Disciplinary Hearing When Criminal Charges Are Pending-Gabrilowitz V. Newman

BYU Law Review

No abstract provided.

A New Look For Public Education: The Proposed Revision Of Florida's Education Governance System, Patricia A. Draper

Florida State University Law Review

No abstract provided.

Statutory Provisions Of The Fifty States Relating To Save Harmless Legislation And Legislated Authority To School Corporations For The Purchase Of Liability Insurance, Kenneth Thomas Murray

All-Inclusive List of Electronic Theses and Dissertations

Purpose. This paper is a comprehensive collection of statutes of the fifty states relating to save harmless legislation and legislated authority for school corporations to purchase liability insurance for themselves and/or their officers and employees. These protective statutes have become necessary as the doctrine of governmental immunity for school corporations has slowly eroded. Not only can school corporations and their employees be held liable for damages resulting from tort, but for some offenses school board members can be held personally liable for damages to be paid from their own pockets. Procedures. The collection of statutes at the Indiana University Law …

Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe

Washington Law Review

The facts culminating in James Gaylord's dismissal were undisputed. Gaylord had been a highly regarded public high school teacher for nearly twelve years when a student sought his counsel on several topics, including homosexuality. During their conversation the student formed the belief, not predicated upon any admission by Gaylord, that the teacher was homosexual. A year later he reported this belief to the vice-principal, who elicited Gaylord's confirmation of its accuracy. The school board promptly dismissed Gaylord on the ground of "immorality,"' because he had become a publicly known homosexual. There was no criticism of Gaylord's conduct toward any student …

The Inheritance Of Economic Status - By John A. Brittain, Michael R. Olneck

Vanderbilt Law Review

The Inheritance of Economic Status - by John A. Brittain

In the- mid-1960's and in the early 1970's, research results appeared that challenged conventional liberal beliefs about the causes and consequences of poverty. In 1966 the federal government published Equality of Educational Opportunity, a report prepared by James Coleman and his associates.' The data used in the report contained the startling result that, with some exceptions, within regions, the provision of educational resources was substantially uniform across racial and socioeconomic groups. Moreover, the data showed that what measurable differences existed between the schools attended by disadvantaged and advantaged students did …

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …

The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters

Buffalo Law Review

No abstract provided.

Ingraham V. Wright: Corporal Punishment In Schools Passes Constitutional Tests

Maryland Law Review

No abstract provided.

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

Journal Articles

The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …

Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem

Faculty Publications

In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.

Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter

Research Collection Yong Pung How School Of Law

Since World War II, changes and developments in various policies of the American government have given rise to a vast array of complex regulations applicable to institutions of higher learning that receive federal financial support.' Before World War II the federal government was not wholly divorced from matters of higher education, but financial support came principally from state or local governments and from private sources. The shift to a more active federal role has profoundly affected the nation's private colleges and universities.' While state schools have always had a close relationship with their supporting governments, the increased federal role has …

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Curators Of The University Of Missouri V. Horowitz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Regents Of University Of California V. Bakke, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Disaster By Decree: The Supreme Court Decisions On Race And The Schools, By Lino A. Graglia, Robert M. O'Neil

Indiana Law Journal

No abstract provided.

The Right To Know And School Board Censorship Of High School Book Acquisitions

Washington and Lee Law Review

No abstract provided.

Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder

Florida State University Law Review

Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.

Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff

Indiana Law Journal

No abstract provided.

Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg

Michigan Law Review

A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …

A Revolution In White--New Approaches In Treating Nurses As Professionals, Walter T. Eccard

Vanderbilt Law Review

This Note will review the development of nursing as a profession, discuss current trends in nursing, review the current case law in light of these developments, and, finally, propose alternative approaches to the questions relating to nursing malpractice. Specifically, this Note will examine the questions of the appropriate statute of limitations for nursing malpractice cases, the need for nurses as expert witnesses in malpractice actions, and the proper standard of care for a registered nurse. These questions will be considered in the context of the various state licensure laws, the newly established nurse certification programs, and the formal educational training …

Preferential Admissions And The Brown Heritage, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Constitutional Law - School Desegregation - Interdistrict Desegregation Order Is Within Discretion Of District Court When Based Upon Finding Of One Or More Interdistrict Constitutional Violation, James D. Hilly

Villanova Law Review (1956 - )

No abstract provided.

The In Loco Parentis Status Of Illinois Schoolteachers: An Unjustifiably Broad Extension Of Immunity, 10 J. Marshall J. Prac. & Proc. 599 (1977), James A. Wille

UIC Law Review

No abstract provided.

Recognition Of High School Student Organizations: Constitutional Protection Of Associational Rights, Renee Mawhinney

Indiana Law Journal

No abstract provided.

Administrative Cutoff Of Federal Funding Under Title Vi: A Proposed Interpretation Of "Program", Myrna E. Friedman

Indiana Law Journal

No abstract provided.