"State action" is a term used to describe claims arising under the due process clause of the Fourteenth Amendment and the Civil Rights Act for which a private party is seeking damages because the state has violated that party's civil rights. Cases are summarized illustrating the doctrine's evolution over the past century. The 1875 Civil…

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

This comprehensive reference reviews court decisions affecting the operation, management, and governance of public schools. This edition analyzes all public school cases decided during the 1982 calendar years and reported in West's Regional, Federal, and Supreme Court Resports, through the December 1982 advance sheets. Included as well are 1981…