Education Law Commons^™

Book Review, Salvatore J. Lopresti

Cleveland State Law Review

This entry focuses on the text Law and the School Superintendent. The book offers examples for lay readers of how to deal with issues like collective bargaining, discrimination, and free speech in schools.

Suability Of School Boards And School Board Members, Anne S. Mcfarland

Cleveland State Law Review

In the past three years, suits under 42 United States Code §1983 against school boards and school board members have burgeoned. Suits have been brought by teachers involved in union activity, by teachers who allege nonrenewal of contracts due to racial discrimination, by pupils who challenge hair and dress regulations, by unwed mothers who seek readmission to school, and by militant students who claim the right to practice-teach

Education At A Discount: Qualifying For Resident Tuition At State Universities, Barry D. Glazer

University of Michigan Journal of Law Reform

One recurring problem is the reclassification of those students initially classified as nonresidents who have thereafter decided to become residents of the state and thereby seek to take advantage of the lower tuition offered to residents. This article identifies the major difficulties in changing classification and analyzes some of the constitutional questions concerning the application of the nonresident tuition fee subsequent to Starns. Additionally, the article examines the extent to which proposed model legislation on tuition residency solves the existing objections to the application of the nonresident tuition fee at state universities.

Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig

Journal Articles

Tibbs v. Board of Education is the latest in a series of cases expanding the rights of high school students threatened with either expulsion or indefinite suspension. Although in most states a hearing is not explicitly required for student expulsion, recent cases have held that high school students are entitled to at least those "rudimentary elements of fair play" inherent in due process.

The safeguards now guaranteed by the decision in Tibbs are significant mainly because so few procedural rights were afforded secondary school pupils in the recent past. In the areas of appointed counsel and limitation of interim suspension, …

Prayer Amendment: A Justification, Charles E. Rice

Journal Articles

It is customary for each house of Congress to open its daily sessions with prayer delivered by its Chaplain. One might conclude that if the lawmakers of the nation are entitled to ask for divine blessing upon their work, so are the rest of us, including school children. Not so. For the Supreme Court of the United States has drawn the line. Legislators may pray, so far at least, but school children may not. Thus it was that the courts intervened to prevent the holding of "a period for the free exercise of religion" in the Netcong, New Jersey, public …

Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr.

Scholarly Articles

The public school system is the major American social institution responsible for the transmission of our democratic heritage to present and future generations. In fulfilling this responsibility, the schools often confront problems involving their duty to inculcate students with a sense of patriotism. Probably the most controversial questions have concerned compulsory flag saluting and participation in patriotic exercises. Can a school demand that students salute the flag?

Questions such as this arise under circumstances where students, allegedly exercising First Amendment rights, clash with school authorities engaged in the promulgation and enforcement of school rules. This interplay of educational order and …

Analysis Of The Efforts To Promote Racial Desegregation Within The Pasadena Unified School District As Directed By The Court Order Of Judge Manuel L. Real In January Of 1970, Donald Mcalpin

Walden Dissertations and Doctoral Studies

On January 20, 1970, Judge Manuel L. Real directed the officials of the Pasadena Unified School District to prepare and implement a school desegregation plan to take effect at all levels within the district by the opening of school in September of 1970. This study dealt with the efforts of the Pasadena Unified School District to meet the provisions of this court order. Such examination involved an extensive perusal and analysis of the desegregation plan developed in response to this order. That response is known as the Pasadena Plan.

This dissertation considered four issues in addition to its examination of …

Healy V. James, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Grayned V. City Of Rockford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wright V. Council Of The City Of Emporia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Scotland Neck, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Student's Constitutional Rights And The University Disciplinary Committee, Diego L. Villarreal

North Carolina Central Law Review

No abstract provided.

The New Commandment, Roscoe Bryant

North Carolina Central Law Review

No abstract provided.

Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett

West Virginia Law Review

No abstract provided.

Damages Under § 1983: The School Context, Randall J. Weddle

Indiana Law Journal

No abstract provided.

Statutory Construction--Dismissal Hearing Before Board Of Education

West Virginia Law Review

No abstract provided.

College Admission Policies Based On Sex And The Equal Protection Clause, Jeffrey M. Shaman

Buffalo Law Review

No abstract provided.

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …

Integrating The Desegregation Vocabulary--Brown Rides North, Maybe, J. Braxton Craven Jr.

West Virginia Law Review

No abstract provided.

Illinois School Tort Immunity: 1959 To The Present, Michael A. Cotteleer

Loyola University Chicago Law Journal

No abstract provided.

Creative Legal Research: Relevant Uses For An Old Law School Curriculum, Reginald H. Alleyne Jr.

Buffalo Law Review

No abstract provided.

Concessional Admission Of Underprivileged Students, D. A. Ijalaye

Buffalo Law Review

No abstract provided.

Increasing Minority Admissions In Law Schools—Reverse Discrimination?, Clarence J. Sundram

Buffalo Law Review

No abstract provided.

The Marjorie Webster Decisions On Accreditation, William A. Kaplin

Scholarly Articles

What does the Marjorie Webster case portend for the future of accreditation in higher education? Will the courts now “remain aloof from the accrediting process” or will they increase their scrutiny of the “standards by which higher education is governed?” The author explores questions raised by the extensive litigation and public debate produced by this tradition-breaking lawsuit.

Book Review, James C. Williams

Cleveland State Law Review

Review of Legal Limits of Authority over the Pupil, Edward C. Bolmeier, Michie Co. 1970

Increasing Minority Group Students In Law Schools: The Rationale And The Critical Issues, Charles A. Pinderhughes

Buffalo Law Review

No abstract provided.

Homosexuals In The Teaching Profession, Neal G. Horenstein

Cleveland State Law Review

What is the status of the homosexual in the teaching profession? What are the problems in obtaining authorization to teach, or applying for a teaching position, and the effects of exposure as a homosexual on job security?

Discrimination Against Women In Employment In Higher Education, Alan Miles Ruben, Betty J. Willis

Cleveland State Law Review

Having been forced to adjust the structure of academic governance and the design of the curriculum responsively to large-scale student protest, it now appears that universities will have to rework their traditional patterns for the appointment, compensation and promotion of faculty and administrative staff to satisfy the demands being made by the women's liberation movement for an end to sexist employment practices.

Tort Liability Of Teachers And Administrators For Negligent Conduct Toward Pupils, Reynolds C. Seitz

Cleveland State Law Review

The real reason for this article is found in the recognition that good law is generally a guide to good conduct. School people ought to know as much about what the law dictates in respect to conduct toward children under their supervision as they know about the teachings of psychology. Before getting directly into the discussion, it seems appropriate to stress that there is nothing in tort law which makes teachers or admin- istrators the insurers of the safety of children. Accidents will continue to happen which cause injury to children in school. If, however, the teacher or administrator has …

Untenured Professors' Rights To Reappointment, Arthur H. Kahn, Michael D. Solomon

Cleveland State Law Review

We are now in a period during which present tenure systems are undergoing close scrutiny by the public and the legislatures. Some of those now criticizing universities would like to see these institutions of higher learning placed under greater accountability to the public. It is especially during this period that university boards and administrators must exercise extreme care to eliminate abuses of tenure and pre- vent any new abuses from occurring, in order to avoid unnecessary criticism from those who wish to embarrass the supporters of that academic freedom under which our universities have flourished. To further complicate this controversy …