Chapter 1 of a book on school law, this article analyzes the role of the U.S. Supreme Court, and contends that there has been a judicial takeover of functions that had been delegated by the Constitution to the states and to the people. Specifically, the author argues that much of the Supreme Court's expansion of its powers rests on the selective…

A school board must be cautious in adopting a policy for nonrenewal of teachers whose performance is unsatisfactory. The author of this third chapter of a book on school law suggests a policy that supports the board's ability to retain the best teachers and weed out mediocre teachers without violating a teacher's rights. Before adopting the…

Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

This monograph examines the broad topic of student rights and focuses in turn on a number of related constitutional issues. Chapter 1 outlines some of the social changes affecting American education and briefly touches on many of the sources of school-based conflict. Chapter 2 deals specifically with the issue of school dress codes and efforts by…

This monograph briefly examines justice in the United States as it has evolved historically in four areas: (1) the right to vote; (2) the right to freedom of expression and freedom of the press; (3) the rights of persons accused of crimes; and (4) the right to equal protection under the law. Each area is analyzed. Historical background information…

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth…

This book describes the actions that led to the 1973 United States Supreme Court case to establish administrator rights, "Holstrop v. Illinois Junior College District 515." The book was written by the plaintiff, who believed that he had been illegally removed from his presidency at Prairie State College, a junior college in Illinois.…

The standards and commentary in this volume are part of a series designed to cover the juvenile justice system and its relationship to the rights and responsibilities of juveniles. This volume on public education is addressed to legislators, courts, lawyers, educators, parents, students, and the general public. The volume proposes standards…

Chapter 2 of a book on school law, this chapter summarizes 1979 court cases concerning school employees. The author deals with cases in the areas of employment discrimination, dismissal and discipline of employees, tenure, substantive constitutional rights of employees, procedural due process for employee dismissal, immunity and liability under…

This digest was designed to fill a gap in the legal literature and knowledge of educators; it was not intended to serve as an intensive or interpretive legal analysis. It provides a comprehensive and concise set of individual case summaries of United States Supreme Court cases decided by the Court as of December 1994. The cases were selected on…

This handbook provides an overview of legal issues pertaining to the safety of public schools. Following the introduction, chapter 2 describes the governance model and philosophy on which American education is based. Court decisions and federal and state legislation that mandate the right to a safe school are discussed in chapter 3. The fourth…

This publication contains articles that focus on the legal issues that confront schools when they use various means to maintain order and safeguard student well being, and examine the liability that may be imposed if they fail to do so. Following the foreword and the introduction, the articles include: (1) "Legal and Policy Issues in Curbing…

Chapter 19 of a book on school law examines how racial minority faculty members at colleges where collective bargaining agreements are in operation are likely to be affected under new rules by the U.S. Supreme Court. A few examples are given of court decisions showing, in general, that arbitration of a dispute by the collective bargaining process…

This book examines the sizable body of school law that outlines legally defensible decisions. A substantial part of it contains edited, reported, and verbatim decisions. Historical perspective is provided, as well as specific case and statutory law. Chapter 1 discusses sources of law for educators, state school board policies, attorneys-general…

Public school educators are aware that courts, over the last several decades, have played a significant role in establishing educational policy. This text attempts to address important issues in school law with an emphasis on those having an impact at the school-building level. Chapter 1 offers an overview of the sources of law and the court…