Education Law Commons^™

With Temperate Rod: Maintaining Academic Order In Secondary Schools, Arnold Taylor

Kentucky Law Journal

No abstract provided.

Taxation- Deductibility Of Contributions To Segregated Private School

University of Richmond Law Review

Brown v. Board of Education set the stage for an extensive series of activities designed to circumvent the Court's intention to abolish segregated public education. However legally futile many of these endeavors have become, there remains one instrument of education over which the fourteenth amendment is powerless: the private school. Since tuition alone inevitably fails to generate sufficient revenue to fund the necessary expenses of construction and operation, private charitable contributions are needed, and are encouraged by their deductibility for federal income, as well as estate and gift tax purposes.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers

Cleveland State Law Review

Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.

Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice

University of Michigan Journal of Law Reform

Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne

Faculty Publications

The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.

New York City School Decentralization, Barry D. Hovis

University of Michigan Journal of Law Reform

The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …

Lesson From Oxford: A Modest Proposal, Arthur E. Sutherland

Buffalo Law Review

No abstract provided.

The New York And Federal Constitutional Standards In Relation To Governmental Aid To Private Education, Helen M. Kaney

Buffalo Law Review

No abstract provided.

The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus

Michigan Law Review

The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …

Collective Bargaining In Higher Education, Ralph S. Brown Jr.

Michigan Law Review

Clearly, there are many institutions where the model of shared authority has been attained; there are many more where it is attainable; and, unfortunately, there are many where it is not foreseeable. It is the first thesis of this Article that the advantages of an internal framework of representation make it worthwhile to strive for its realization.

The Coming Revolution In Public School Management, Donald H. Wollett

Michigan Law Review

Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.

Constitutional Law--Procedural Due Process--Right To Counsel At College Disciplinary Hearings, Gary Gordon Markham, Larry Andrew Winter

West Virginia Law Review

No abstract provided.

Judicial Review Of Accreditation: The Parsons College Case, William A. Kaplin

Scholarly Articles

Since courts have seldom become involved in the process of educational accreditation that operates in the United States, the private regional and professional accrediting agencies that evaluate our educational institutions have generally functioned without judicial (or for that matter, legislative) interference. This freedom from any form of governmental control has been of singular importance in shaping the development of a private accreditation system unique to this country. Any court case challenging some aspect of this system could, therefore, be of enormous significance to education and the future of accreditation in the United States. Such a case is Parsons College v. …

The University Of Michigan: Its Legal Profile, William B. Cudlip

Michigan Legal Studies Series

Inspiration for the preparation of this volume came from reading two sections of Volume I of the four-volumes published in 1942 entitled, The University of Michigan-An Encyclopedic Survey. One section by E. Blythe Stason, Dean Emeritus of the University's Law School, is captioned "The Constitutional Status of the University of Michigan." The other section captioned "The Organization, Powers and Personnel of the Board of Regents" was prepared by the Dean and the late Wilfred B. Shaw, long connected with the University in important administrative capacities and intimately acquainted with its history.

The material here presented duplicates in part that …

School Student Dress And Appearance Regulations, Marvin R. Plasco

Cleveland State Law Review

Until recently, the general public and the legal profession have had little concern about the civil rights of the individual student in our public educational system. The student has been forced to fight his own battle against school regulations and penalties and the procedures by which these regulations have been enforced. The result often has been the loss of some of his personal freedoms.The right of the public school system to establish dress and appearance regulations, and the right of the student to dress as he desires, have brought the conflict to the foreground.

Student Unrest, And The Law, William B. Saxbe

Cleveland State Law Review

Many people have recently expressed alarm about the student unrest in our universities and on our college campuses. I am delighted to have this opportunity to submit an article to The Cleveland State Law Review, for it provides a forum for me to express my views on the subject.

Constitutional Law—New York State’S Textbook Loan Law Not A Law Respecting An Establishment Of Religion In Violation Of The First And Fourteenth Amendments Of The United States Constitution, Jerold S. Yale

Buffalo Law Review

Board of Education of Central District No. 1 v. Allen, 392 U.S. 236 (1968).

Black, White, Brown And Green: Color Consciousness In Public School Desegregation, Fh. Von U.

Georgia Law Review

Since 1954 and Brown v. Board of Education it has been against the law to educate white and black children separately. Separate schools, separate classrooms within a single school, or separate seating arrangements within the same classroom are inherently discriminatory. The law which separate education violates is not an HEW Rule, Regulation or Guideline; nor is it a federal statute. Where a public school system includes children of more than one color or national origin, education of any group of children within that system in a school which is identifiable as "belonging" to one race or another violates the United …

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …

Brief Of Plaintiffs-Appellants, Ruth Copeland, Et. Al.

Other Cases

No abstract provided.

Comments On The South Bend School System, Robert Crain, Edward Noll

Other Cases

No abstract provided.

Shared Time Strategy, By Anna Fay Friedlander, Robert F. Drinan, S.J.

Indiana Law Journal

No abstract provided.

Limitations On The Right To Demonstrate, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

The University And The Liberty Of Its Students -- A Fiduciary Theory, Alvin L. Goldman

Law Faculty Scholarly Articles

The disciplinary power of a university is a force which every student has cause to fear. The exercise, or threat of exercise, of a school’s disciplinary power is felt in every area of campus life. Invocation of disciplinary sanctions against a student whose personal conduct or attitudes contravene standards dear to the school authorities has occurred in such ludicrous cases as the failure of a co-ed to be a “typical Syracuse girl.” In another case, a student was expelled because she refused to pay purported debts which she asserted were properly her husband’s obligations. As insidious as it may be …

The New Left On The Campus, Lewis F. Powell Jr

Powell Speeches

Speech before Virginia Association of Colleges, Arlington, Virginia

Discrimination In The Hiring And Assignment Of Teachers In Public School Systems, Michigan Law Review

Michigan Law Review

In the Brown v. Board of Education decisions of 1954 and 1955, the United States Supreme Court made it clear that separate public school facilities for pupils of different races are inherently unequal and constitute a denial of the equal protection of the laws. While it was not altogether clear from the language of the opinions whether segregated faculties in public schools are also unconstitutional, subsequent lower court decisions have held that racial discrimination in the selection and assignment of teachers is forbidden.