In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range…

Forest Grove School District v. T.A. involved a student with learning disabilities, Attention Deficit/Hyperactivity Disorder (ADHD), and depression (T.A.) whose parents had moved him to a private academy for students with special needs without first consulting with his public school. In the past, the school district had found T.A. to be ineligible…

Because of the increasing incidence of disputes in schools, educators need more knowledge about methods of dispute resolution. The adversary system of resolving disputes, on which the U.S. judicial system is founded, assumes that truth is best found through a struggle between two opposing parties. In the adversary system, due process plays a…

Proposes creation of a tongue-in-cheek award for those who would rather sue than try to resolve problems through negotiation and communication. Nominates specific cases tried in 1982, 1983, and 1984 to receive the award. (Author/PGD)

The courts in the old British Commonwealth common law countries have been dealing with questions relating to visitorial jurisdiction in public universities. The visitor is a judge of facts who interprets and applies the laws of the university. A decision of the visitor on matters within visitorial jurisdiction is final and not appealable to the…

A negotiation course in law schools offers an opportunity to examine negotiation institutions, giving law students a chance not only to participate in the bargaining arenas but also to help design and reform them. Such a course would examine the large world of litigation rather than the small realm of adjudication. (MSE)

Like other types of dispute resolution, mediation brings the parties in conflict together to solve their problems. It provides a fresh perspective by introducing a third party who is entirely neutral and is skilled in helping parties solve their problems. With the increasing dissatisfaction with the formal justice system, mediation has been…

The National Collegiate Athletics Association's new plan for more limited involvement in negotiations for televising college football games is reported. The proposal is a result of recent antitrust litigation, and comments by interested parties on the situation and court opinions are included. (MSE)

The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)

A legalistic culture has become a part of the academic community of the 1980s. Possible explanations include: what happens in the larger society is reflected in the academic subsystem, a legalistic syndrome, impact of state and federal governments, widening scope of university service, tight academic job market, efforts to democratize academe,…

Many people in our society turn to courts for the resolution of every problem. By delegating to judges the authority to declare our legal rights we diminish our individual and collective liberties. This trend of legalism can have important consequences for school administrators. Rather than resist or evade the law, school officials can obviate…

The rapid hiring and firing of college athletic coaches, the litigation brought in breach of employment contracts, and the special problems presented by coaching contracts have raised hard legal questions about proper methods of contract enforcement and recovery of damages. (MSE)

Discusses the lack of awareness of and respect for tribal governments in non-Indian society, arguing that mainstream educational institutions should include instruction about tribal governments and their powers in civics classes. Describes tribal models of dispute resolution, suggesting that they can also serve as models for the general society.…

Recent court decisions and federal legislation which have contributed to conflicts in the delivery of services to emotionally disturbed adolescents are reviewed and possible solutions are examined. The impact of the Rehabilitation Act of 1973 and Public Law 94-142 (the Education for All Handicapped Children Act) are assessed along with such…

As the university becomes more of a bureaucracy than a community, changes occur in the law, power structures, and student faculty relationships, and members of the community are turning to the courts to resolve disputes they once settled informally. (Author/MSE)