Education Law Commons^™

Book Review, Janice T. Warren

Cleveland State Law Review

Review of Student Protest and the Law, Edited by Grace W. Holmes, The Institute of Continuing Legal Education, Hutchins Hall, Ann Arbor, Michigan, 1969.

The University And The Bail System: In Loco Altricis, Harry W. Pettigrew

Cleveland State Law Review

The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …

Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle

Cleveland State Law Review

The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …

The Administrative Tribunal, Theodore J. St. Antoine

Book Chapters

During the past summer I have had the good fortune to join with colleagues of the university community from the administration and from the student body in two separate but related endeavors: first, to draw up a body of substantive rules for nonacademic conduct on the campus and, second, to establish a judicial body to enforce those rules. The latter problem, the composition of a university judiciary, is the subject of this discussion. The views I shall present about structuring a university judiciary are drawn in large part from the discussions of the committees to which I belong. In addition, …

College Residency Requirement, Thomas G. Longo, George M. Schroeck

Cleveland State Law Review

Many state colleges and universities differentially classify students as "residents" or "nonresidents." Such institutional classifications have no legal effect regarding the students' legal domicile for other purposes, yet a classification of "nonresident" generally imposes the correlative of paying a substantially higher rate of tuition.

College Law: 1970-1971, Thomas E. Blackwell

Cleveland State Law Review

The evolution and development of college law has continued to accelerate during the past year. Perhaps the best indication of the topics of direct and current concern to those practicing in this area of legal specialization is the agenda of the June 1970 meeting of the NACUA. With few exceptions, the papers presented emphasized the problem of order on the campus and the role of the judiciary in its preservation.

The Constitution And The One-Sex College, Lizabeth A. Moody

Cleveland State Law Review

These cases bring into sharp focus the question whether the Constitution permits government-sponsored institutions of higher learning on the basis of sex. Such institutions have a lengthy history in this country and, during the early years of the Republic, were the rule rather than the exception. Tradition, however, is not the test of constitutional permissibility.

Probationary Teachers And The Expectancy Of Continued Employment, James T. Flaherty

Cleveland State Law Review

This article will investigate the extent to which the tenure benefits of due process are available to petitioners who can establish an "expectancy of employment." This due process, as to dismissal, includes notice, opportunity for a hearing and reasonable cause.

School Boards - A Mandate For Enlightenment Unfulfilled, Edgar L. Lindley

Cleveland State Law Review

Boards of education, whose members are elected to their public office; whose members are, collectively, the employers of educators; and whose members are, collectively, the governing authority responsible for the educational policies in their school district, have a duty far greater than merely serving as a vehicle for the purpose of carrying out the affairs of state. Because school activity constitutes the first sustained contact of governmental authority with our youthful citizens, school boards have the highest degree of responsibility to represent the sov- ereign and majestic power of government in the most enlightened manner possible.

Book Review, Glenn E. Billington

Cleveland State Law Review

Review of Democracy and the Student Left, George F. Kennan, Little, Brown and Company, Boston, Mass. 1968

Evolution And Development Of College Law, Thomas E. Blackwell

Cleveland State Law Review

The history of the development of higher education has received adequate and comprehensive treatment in many texts. However, a brief review of those facets of its evolution which relate to the subject of corporate structure is in order.

Due Process Comes To The Tax-Supported Campus, Harry W. Pettigrew

Cleveland State Law Review

"Due process" is an elusive concept. "It is not a mechanical instrument. It is not a yardstick. It is a process." "Its exact boundaries are undefinable, and its content varies according to specific factual contexts. . . . Whether the Constitution requires that a particular right obtain in a specific proceeding depends upon a complexity of factors. The nature of the alleged right involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account." The layman's conception that due process is a conglomerate of technicalities is simply wrong. Due …

Book Review, William Harvey Wiest

Cleveland State Law Review

Review of Current School Problems, Edited by William Carroll, Practising Law Institute, 1969

Preferential Admissions: Equalizing The Access Of Minority Groups To Higher Education, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Black Lawyers And The Struggle For Racial Justice In The American Social Order, Henry W. Mcgee Jr.

Buffalo Law Review

No abstract provided.

Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld

University of Michigan Journal of Law Reform

Beginning with Lovell v. City of Griffin, the Supreme Court has consistently held the distribution of handbills to be a fundamental right under the first amendment. Since Lovell, the Court has liberally construed the concept of a public forum where first amendment rights can be properly exercised. More recently, the Court has held that schools cannot arbitrarily or absolutely regulate students' constitutional rights of expression. These three principles would suggest great protection for handbilling rights on state university campuses. A further analysis of case law indicates that broad free speech standards governing such rights exist and that the …

In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore

University of Richmond Law Review

Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.

Civilizing University Discipline, Paul D. Carrington

Michigan Law Review

It is the purpose of this Article to suggest that the criminal model is not the only possible system of university discipline. There are alternatives to be found in the operation of the civil courts and other administrative agencies that have received little consideration. It is a common, but mistaken, assumption that the proper way to deal with offensive conduct is by means of social punishment. The unfortunate consequences of a general tendency of legislatures to "overcriminalize" have been noted elsewhere. The trend in university discipline may be regarded as a special application of that tendency, or, at least, as …

Legal Education: A More Optimistic View, Robert B. Mckay

Vanderbilt Law Review

While few would disagree with Dean Forrester's statement that"America is now in the midst of an attempted revolution," several questions naturally arise. Dean Forrester does not identify the nature and goals of the "attempted revolution," but the inference is that he disapproves. One wonders whether he objects to change because it challenges the status quo; whether he disagrees with the direction of the proposed change; or whether he opposes the method, particularly the abruptness, with which change is being forced upon us. Each possibility merits response.

Change Versus the Status Quo. It would be unfair to Dean Forrester to suggest …

Parental Right To Inspect School Records, Gerald Morreale

Buffalo Law Review

No abstract provided.

Schools--Corporal Punishment Without Civil Or Criminal Liability, Earl Lee Schlaegel Jr., Kenneth J. Fordyce

West Virginia Law Review

No abstract provided.

Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review

Michigan Law Review

In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …

Community Control, Public Policy, And The Limits Of Law, David L. Kirp

Michigan Law Review

This Article deals with those two points of conflict-disputes about governance, race, and political power; and constitutional concerns, rooted in Brown v. Board of Education, about racially heterogeneous education. Both are central to understanding, and to giving content to, the disagreements about community control. The questions about power provide a context within which to understand the terms of the debate. The constitutional discussion suggests some inevitable judicial difficulties in resolving disputes that emerge from the debate. Such questions are increasingly before the courts, whose decisions may alter the bounds of acceptable conduct in ways that permit or deny the …

Current Legal Education Of Minorities: A Survey, A. Bruce Norton

Buffalo Law Review

No abstract provided.

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …

Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges

West Virginia Law Review

No abstract provided.

Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett

West Virginia Law Review

No abstract provided.

The Law And Lore Of Endowment Funds. By William L. Cary And Craig B. Bright., Robert D. Loken

Buffalo Law Review

No abstract provided.

Private Universities And Public Law, Robert M. O'Neil

Buffalo Law Review

No abstract provided.

Freedom Of Speech Of The Public School Teacher, Edward M. Graham

Cleveland State Law Review

Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …