Education Law Commons^™

Book Review: Graglia, Disaster By Decree, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail

Fordham Urban Law Journal

The city of New York constitutes a single school district and the city Board of Education is charged with the general management and control of educational affairs in the city school district. The Board is subject to the plenary powers of the State Board of Regents and the State Commissioner of Education. Local school boards existed within the city school district but functioned largely advisory roles until the State Legislature began restructuring the New York City School District in 1968 and major legislation changed the city district into a decentralized system. The change resulted from the belief that community-base school …

Book Review - Urban School Chiefs Under Fire, Donald L. Herdman

Fordham Urban Law Journal

Urban School Chiefs Under Fire, by Larry Cuban, gives life to the study of the urban environment by inviting the readers to meet and experience life with three giants of the public school system, Benjamin Willis (Chicago), Carl Hansen (Washington, D.C.), and Harold Spears (San Francisco). Dr. Cuban's stimulating and well-documented biography of three powerful urban leaders permits readers a rare behind-the-scenes glimpse into the world of these men, and their service during periods of great urban sensitivity to ethnic imbalance and economic decay. Dr. Cuban not only provides personal vignettes of these three men but also engages the reader …

Note: Bilingual Education - A Problem Of "Substantial" Numbers

Fordham Urban Law Journal

This unsigned note argues that the Supreme Court should reexamine the rights of language minority students under 42 U.S.C. §2000d in order to clarify its holding in Lau v. Nichols. In that case, the Court established the right of non-English speaking children to receive compensatory language instruction under that statute. The note analogizes language minority children to handicapped children who the Court has held are entitled to receive a minimal education which is geared toward their needs. Since language minority students may not be able to obtain minimal education without compensatory language instruction, they may be entitled to such instruction.

Runyon V. Mccrary: Section 1981 Opens The Doors Of Discriminatory Private Schools, Thomas M. Trezise

Washington and Lee Law Review

No abstract provided.

Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Government And Education: The University As A Regulated Industry, Ernest Gellhorn, Barry B. Boyer

Journal Articles

No abstract provided.

Constitutional Law - Disciplinary Infliction Of Corporal Punishment By Public School Authorities Without A Prior Hearing Is Not Cruel And Usual Punishment And Is Not Violative Of The Student's Fourteenth Amendment Procedural Due Process Rights, Mary Lynn Bingham

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Limits On Aid To Sectarian Universities, Kent Greenawalt

Faculty Scholarship

Because private colleges and universities have more and more difficulty keeping their heads above water financially, the possibility of government support increasingly is becoming a question of survival. Almost certainly the level of public support for private academic institutions will rise in the future, and any doubts about eligibility for this support are of vital concern for affected universities. The major issue regarding eligibility has been the status of sectarian universities. Given the stringent constitutional limits on government aid to religion, can universities that are connected to churches or are otherwise sectarian receive public assistance?

Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds

Journal Articles

Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is …

Parents And The Public School Curriculum: Is There A Right To Have One's Child Excused From Objectionable Instruction?, Mary-Michelle Upson Hirschoff

Articles by Maurer Faculty

No abstract provided.

Wolman V. Walters, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Nyquist V. Mauclet, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Ingraham V. Wright, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Vorchheimer V. School District Of Philadelphia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …

Reductions In Force Rationale: Teachers "Riffed" In Levy Losses, Patricia J. O'Hanley

Washington Law Review

This comment will review the development of due process requirements for teacher reduction in force in Washington, and will consider the specificity of notice required and the use of seniority as a standard for nonrenewals. It will examine the adverse impact of the Pierce decision in implicitly upholding the delegation of staff reduction responsibility by schools' boards of directors to individual building personnel, concluding that seniority no longer holds the preferred position of the earlier interpretation in Thayer v. Anacortes School District, but is modified by individual district policies and guidelines.

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …

School Books, Lesson Plans, And The Constitution, Frederick F. Schauer

West Virginia Law Review

No abstract provided.

School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith

Scholarly Works

Kinloch School District, small and all-black, adjoins the predominantly white Berkeley and Ferguson-Florissant School Districts in St. Louis County, Missouri. Kinloch and Berkeley had comprised one district until 1937, when they split along racial lines. In 1971 the United States, pursuant to Title IV of the Civil Rights Act of 1964 and the fourteenth amendment, commenced a school desegregation action against the State of Missouri, the State and county boards of education, the three school districts, and several public officials. The district court concluded that all the defendants had unlawfully maintained Kinloch as a racially segregated school district. After reviewing …

An Analysis Of Higher Court Cases Relating To The Dismissal, Suspension, And Discipline Of Public School Teachers On The Ground Of Immorality, Michael Paul Benway

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to determine the rights of teachers related to the dismissal, suspension, and discipline of public school teachers on the ground of immorality in five selected areas of teacher conduct: (1) cursing and abusive language; (2) derogatory and critical comments directed towards school and school personnel; (3) dishonesty involving employment; (4) drugs; and (5) sexual activity. More specifically, answers to the following questions were sought: 1. What were the most current and generally accepted definitions of immorality rendered by the courts in the five selected areas of teacher conduct? 2. What were the changes in …

Hews Regulation Under Tittle Ix Of The Education Amendments Of 1972: Ultra Vires Challenges, Monte N. Stewart

BYU Law Review

Summary of Contents

Introduction

I. History of Title IX

A. The women's movement and higher education

B. Evidence of sex discrimination in higher education

C. Congressional action leading to enactment of title IX

II. HEW's Title IX Regulation

A. History of the title IX regulation

B. Scope of HEW's title IX regulation

III. Ultra Vires Attacks on HEW's Title IX Regulation

A. Ultra vires challenges to administrative regulations: in general

B. Ultra vires challenges to the title IX regulation

1, The "laying before" procedure

2. The definition of "receiving federal financial assistance"

a. The language of the statute

b. The …

Constitutional Law--The Children's Crusade For Constitutional Recognition, John B. Koch

West Virginia Law Review

No abstract provided.

Schools And School Officials--Liability To Students For Civil Rights Violations, Darwin Thomas

West Virginia Law Review

No abstract provided.

Student Participation In University And Law School Governance, George P. Smith Ii

Scholarly Articles

To gain a better perspective for analysis of the present extent of student participation in university governance, it will be helpful to examine the experiences of several countries in Western Europe. This Article will examine the means by which American law schools have permitted reasonable student participation without threatening the academic freedom of law school faculties, a threat which the European experience reminds us is very real.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem

Faculty Publications

This article, however, goes beyond the argument that education is one of the most valuable benefits which government in this country provides. The thesis of the article is that education is not only very important to millions of Americans, but that students have constitutionally protected liberty and property interests in their public educations and the courts should therefore require notice and hearing prior to the deprivation of these interests, even when the deprivation is for strictly academic reasons.