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Eunice Sookyung Han; Emma Garcia – American Journal of Education, 2024
Purpose: The unanticipated changes in state legislation in Idaho, Indiana, Michigan, Tennessee, and Wisconsin in 2011-12 significantly restricted or entirely prohibited the collective bargaining rights of teachers. Considering these institutional changes as a natural experiment, we examine the causal impact of weakening teacher unionization on…
Descriptors: Collective Bargaining, Teacher Rights, State Legislation, Workers Compensation
Nicholus Tumelo Mollo – Perspectives in Education, 2024
The safety of teachers has been researched in South Africa, but less is known about education law that regulates functionaries' duty to act to ensure teachers' right to safety from violence in public schools. Section 12(1)(c) of the Constitution of 1996 provides that "(1) [e]veryone has the right to freedom and security of the person, which…
Descriptors: School Violence, School Safety, Teacher Attitudes, Teacher Student Relationship
Polat, Hüseyin; Ünisen, Ali – Cogent Education, 2016
The purpose of this study was to analyze the news about teachers in daily newspapers circulated in Turkey. To this end, the newspapers of Zaman, Posta, Hurriyet, Sabah, and Cumhuriyet were selected and scanned for the teacher news between the dates of 01 January 2014 and 31 December 2014. Document analysis technique was used for the scanned news.…
Descriptors: Foreign Countries, News Reporting, Printed Materials, Newspapers
Young, Erin; Ryan, Thomas G. – Journal of Research on Christian Education, 2014
This review examines outcomes, tensions, and variables contained in eight Canadian legal cases, which are important because of their profound implications for current and future stakeholders of Catholic education. These cases prompt educators to re-examine the understanding of student rights, teacher rights, and the rights of the Catholic school…
Descriptors: Catholic Schools, Court Litigation, Student Rights, Religious Education
Bauer, Anne M.; Shea, Thomas M. – Journal of the Association for Persons with Severe Handicaps (JASH), 1986
A discussion of the transmission and prevention of hepatitis B focuses on implications of the disease for special educators, including maintaining confidentiality, providing education in the least restrictive environment, curriculum modifications in related behavioral/social areas, and personal risk. Relevant administrative and legal questions are…
Descriptors: Communicable Diseases, Confidentiality, Court Litigation, Disabilities

Epley, Glen; Flowers, Anne – Clearing House, 1984
Reviews a number of court cases dealing with teacher liability and malpractice. Concludes that, in general, the courts recognize the constraints under which teachers work and want them to have the opportunity to work creatively without fear of litigation. (FL)
Descriptors: Court Litigation, Educational Malpractice, Elementary Secondary Education, Legal Responsibility
Weiner, Lois – 2001
This paper describes the context and conditions leading up to the November 1998 Jersey City Education Association (JCEA) strike, including the JCEA's history, state takeover of the district, and constraints in New Jersey's collective bargaining law that hampered the union's ability to address teacher dissatisfaction with curricular issues that…
Descriptors: Collective Bargaining, Elementary Secondary Education, Teacher Rights, Teacher Strikes

DeMitchell, Todd A. – International Journal of Educational Reform, 1992
Summarizes a case involving a Denver high school teacher's naming, in a government class, of a student observed in a public sexual rendezvous. The teacher lost on all fronts, because his speech was considered school-sponsored and did not meet the school district's pedagogical interests, based on the 1988 "Hazelwood" decision limiting…
Descriptors: Court Litigation, Freedom of Speech, High Schools, Legal Problems

Magsino, Romulo F.; Covert, James R. – Canadian Journal of Education, 1984
Notes that increasing support for denominational education in Canada challenges educators to examine the issue before serious conflict reaches the courts. Notes that denominational education is affecting teachers' professionalism and human rights. Explains that because existing court judgments are contradictory, conflict resolution is better…
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Foreign Countries

Campbell, J. Louis III – ACA Bulletin, 1990
Examines how closely academic freedom and the First Amendment actually are related. Traces the development of academic freedom as a constitutional right from shortly before World War II to the present. Analyzes influences exerted by intramural speech, institutional or corporate academic freedom, and professional liability. (KEH)
Descriptors: Academic Freedom, Constitutional Law, Freedom of Speech, Higher Education

Punger, Douglas S. – School Law Bulletin, 1983
Reviews court decisions since Pickering v. Board of Education and Mt. Healthy v. Doyle, and suggests guidelines for balancing teachers' claims of first-amendment protection with need for orderly school administration. Ends by summarizing lawful restrictions on criticism of administrators and notes the elements of litigants' respective burdens of…
Descriptors: Administrative Policy, Court Litigation, Elementary Secondary Education, Freedom of Speech

Rossi, Anna L. – Journal of College and University Law, 2003
Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…
Descriptors: College Faculty, Court Litigation, Freedom of Speech, Government School Relationship

Bjorklun, Eugene C. – Religion & Public Education, 1992
Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)
Descriptors: Academic Freedom, Civil Liberties, Constitutional Law, Creationism
DeMitchell, Todd A. – West's Education Law Quarterly, 1993
Both the community and the teaching profession are claiming ownership of the problem of the impact of a teacher's private life on his employment status. An analysis uses a construct developed by Joseph R. Gusfield with components of ownership, causation, and political responsibility. (44 references) (MLF)
Descriptors: Community Attitudes, Court Litigation, Elementary Secondary Education, Privacy
LaNear, John A. – 2002
Academic freedom is an elusive concept. Many university and college faculty members who purport to possess its protections believe they have a solid understanding of its nature and of the individual rights secured by academic freedom. There is some consensus on the meaning of the term in the academic universe. This concurrence of understanding is…
Descriptors: Academic Freedom, Civil Liberties, College Faculty, Constitutional Law