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Articles 5971 - 6000 of 6065
Full-Text Articles in Education Law
Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara
Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara
Journal Articles
The American people are confronted by a crisis of constitutional interpretation and educational policy, stemming from the Bishops' program for federal aid to parochial schools. As was to be expected, there has been much partisan clamor on both sides of the school-aid question but far too little rational discourse. That deficiency would be corrected if there were wide response to Monsignor Hochwalt's invitation: " . . . we'd like that whole question of whether we should or we shouldn't [receive financial aid from the federal government] and the constitutionality and desirability and all the rest of it to be discussed …
Law And Liberal Education, Jacob Weissman
Law And Liberal Education, Jacob Weissman
Vanderbilt Law Review
Law, says the author, can be a useful tool in the building of a liberal education. Uniquely combining the study of past experience with the solving of present day problems, law study could very well supplement or replace traditional undergraduate courses in humanities and history of Western civilization. Nothing that thus far such changes have been made primarily at a few schools of business, the author discusses the advantages of similar use of law for liberal education in any undergraduate curriculum and, eventually, in the law schools.
Education Bills In The 1962 General Assembly, Patton G. Wheeler
Education Bills In The 1962 General Assembly, Patton G. Wheeler
Kentucky Law Journal
No abstract provided.
Teachers' Tort Liability, Thomas A. Dugan
Teachers' Tort Liability, Thomas A. Dugan
Cleveland State Law Review
The recent notoriety in the Cleveland area attendant upon several reports of alleged batteries committed by teachers has served to focus the attention of both the educator and the citizen on this aspect of liability. This attention may well result in some necessary judicial and legislative clarification in this area, but it may tend to obscure other equally important facets of the teacher's tort liability. It is with this thought in mind that this article is written. The article itself is intended as much for teachers as it is for attorneys. Where possible, it attempts to transcend the attorney's usual …
Church And State: Cooperative Separatism, Paul G. Kauper
Church And State: Cooperative Separatism, Paul G. Kauper
Michigan Law Review
Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.
Constitutional Law--Public School Desegregation--Pupil Placement Plan, Robert Glenn Lilly Jr.
Constitutional Law--Public School Desegregation--Pupil Placement Plan, Robert Glenn Lilly Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Michigan Law Review
Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …
De Facto Public School Segregation, Will Maslow
De Facto Public School Segregation, Will Maslow
Villanova Law Review (1956 - )
No abstract provided.
Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, Ernest F. Roberts
Law And Literature: The Contemporary Image Of The Lawyer, Henry B. Cushing, Ernest F. Roberts
Villanova Law Review (1956 - )
No abstract provided.
The Courts And Bible Reading In The Public Schools, A. G. H.
The Courts And Bible Reading In The Public Schools, A. G. H.
West Virginia Law Review
No abstract provided.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall
Michigan Law Review
Plaintiffs, as parents of children in the public school system, sought to enjoin and have declared unconstitutional the practice of reading aloud to students each day ten verses of the Holy Bible as required by a Pennsylvania statute. The plaintiffs contended that this practice constituted an establishment of religion and a prohibition of the free exercise thereof and was therefore a violation of rights guaranteed by the First Amendment to the United States Constitution. By a three-judge district court, held, for plaintiffs. The statute violated the United States Constitution because the Bible is essentially a religious book and the …
Recent Decisions, Various Editors
Recent Decisions, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Language Mastery And Legal Training, Irving M. Mehler
Language Mastery And Legal Training, Irving M. Mehler
Villanova Law Review (1956 - )
No abstract provided.
Tort Liability Of Teachers, Paul O. Proehl
Tort Liability Of Teachers, Paul O. Proehl
Vanderbilt Law Review
The tort liability of teacher qua teacher encompasses a rather narrow ambit and is largely restricted to cases in which it is alleged that the right of the teacher to enforce discipline has been abused and that the teacher is therefore liable in damages for the commission of an intentional tort. The question in such a case is whether the teacher has exceeded, or acted outside the scope of, his privilege.A particular common law concept was developed very early here defining the privilege as one deriving from the fact that the teacher stood in loco parentis,' and the privilege still …
Book Review. Byse, C., And Joughin, L., Tenure In American Higher Education, Ralph F. Fuchs
Book Review. Byse, C., And Joughin, L., Tenure In American Higher Education, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Abstracts Of Recent Cases, A. G. H.
Desegregation And The Law: The Meaning Of Effect Of The School Segregation Cases, Ray Jay Davis
Desegregation And The Law: The Meaning Of Effect Of The School Segregation Cases, Ray Jay Davis
West Virginia Law Review
No abstract provided.
Book Reviews, Frank R. Kennedy, William G. Rice, Clyde Eagleton, William E. Britton, Bernard D. Meltzer, Harry Kalven Jr.
Book Reviews, Frank R. Kennedy, William G. Rice, Clyde Eagleton, William E. Britton, Bernard D. Meltzer, Harry Kalven Jr.
Journal of Legal Education
No abstract provided.
The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland
The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland
Vanderbilt Law Review
In the wake of Brown v. Board of Education' six recent cases arising in four states have involved a constitutional challenge to the validity of an issue of public bonds to finance segregated schools. In each case it was contended that bonds authorized and approved according to statute could not be validated or the proceeds used for a purpose now unconstitutional. Confronting this apparently meritorious contention was the impelling practical consideration of furthering public education in the already lagging South. Legal answers, embodying this equitable consideration, ranged from a plea to jurisdiction, to interpretation of a statute or bond, to …
State Universities - Legislation Control Of A Constitutional Corporation, William P. Wooden
State Universities - Legislation Control Of A Constitutional Corporation, William P. Wooden
Michigan Law Review
The Utah Constitution provides: "The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.'' Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies …
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.
Michigan Law Review
The plaintiff, as a citizen, taxpayer, and parent of school children, sought an injunction to restrain the defendant school board from allowing school teachers to read the Bible aloud to students as required by a Tennessee statute. The plaintiff contended that this practice was offensive to him and in violation of the Tennessee and United States Constitutions. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statute violates neither constitution because it is not an interference with students' or parents' religious beliefs. Carden v. Bland, (Tenn. 1956) 288 S. W. (2d) 718.
Administrative Law—Unprofessional Conduct Proceeding, Edwin Yaeger
Administrative Law—Unprofessional Conduct Proceeding, Edwin Yaeger
Buffalo Law Review
Dubin v. Board of Regents, 1 N. Y. 2d 58, 133 N. E. 2d 697 (1956).
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Cleveland State Law Review
This article attempts to survey the legal aspects of one problem of modern American schools - the problem of discipline and control of pupils.
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Michigan Law Review
On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.
Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.
Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.
Michigan Law Review
Petitioners, employed as public school teachers in New York City, were subpoenaed to appear before a Senate Internal Security Subcommittee. When questioned by the committee about communist activities, petitioners asserted the constitutional privilege against self-incrimination. Pursuant to the New York City Charter, they were summarily dismissed and permanently barred from re-employment by the city. No hearing was required nor given prior to the dismissal. There was no evidence of conduct otherwise warranting a dismissal. In an action for reinstatement, held, dismissal affirmed. Daniman v. Board of Education of City of New York, 306 N.Y. 532, 119 N.E. (2d) …
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Michigan Law Review
Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …
Released Time And Religious Liberty: A Further Reply, Paul G. Kauper
Released Time And Religious Liberty: A Further Reply, Paul G. Kauper
Michigan Law Review
In his "Reply" to the writer's review of his excellent book, Mr. Pfeffer has singled out the part of the review in which the writer discussed the released-time problem and the position taken by Mr. Pfeffer with respect thereto. To prolong the arguments over this matter in the pages of this Review would he unprofitable, hut the writer feels that a few comments on Mr. Pfeffer's reply would not he out of order.
Release Time And Religious Liberty: A Reply, Leo Pfeffer
Release Time And Religious Liberty: A Reply, Leo Pfeffer
Michigan Law Review
In his generous article-review of this writer's book, Church, State, and Freedom, Paul G. Kauper justified the decision of the United States Supreme Court in Zorach v. Clauson on the basis of its prior decision in Pierce v. Society of Sisters. In the Pierce case, it will be remembered, the Supreme Court invalidated an Oregon statute whose purpose it was to require attendance of all children at public schools. In Zorach v. Clauson, the Court upheld the validity of a New York statute that permitted public schools to release children for one hour weekly to receive religious …
The School Segregation Cases: A Comment, Paul H. Sanders
The School Segregation Cases: A Comment, Paul H. Sanders
Vanderbilt Law Review
Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert E. Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert E. Rodes
Journal Articles
Confusion Twice Confounded is sufficiently typical of a growing body of literature to warrant more extensive treatment than is usually accorded in a book review. It analyzes at great length the opinions in the Everson and McCollum cases and criticizes them in the light of the historical background of the First Amendment. Everson, it will be recalled, derived from the Founding Fathers the doctrine that the Constitution required a "wall of separation between church and state," which was not breached by public payment of transportation to and from parochial schools. McCollum used the test laid down in Everson to invalidate …