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Showing 1 to 15 of 58 results Save | Export
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Hughes, James A. – Harvard Civil Rights - Civil Liberties Law Review, 1979
Argues that the Court has, at times, confused equal protection and due process methods of review, primarily by employing interest balancing in certain equal protection cases that should have been subjected to due process analysis. Available from Harvard Civil Rights-Civil Liberties Law Review, Harvard Law School, Cambridge, MA 02138; sc $4.00.…
Descriptors: Civil Liberties, Constitutional Law, Due Process, Equal Protection
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McGhehey, M.A. – Education and Urban Society, 1982
The term "due process of law" has been overextended to apply to cases arising out of the public school system. This has resulted in increasing involvement of the judiciary in the administration of public schools, which has affected their day to day operation. (Author/MJL)
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Due Process
Clear, Delbert K. – Phi Delta Kappan, 1982
Analyzes the issues and decisions in recent court cases concerning student participation in interscholastic athletics, particularly at the secondary school level, and notes the potential impact of the decisions on athletic regulations. Covers handicapped-related conditions, property rights in participation, due process, and the reasonableness of…
Descriptors: Constitutional Law, Court Litigation, Disabilities, Due Process
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Starr, Isidore – Update on Law-Related Education, 1987
Examines the ideas of justice, equality, and property as they are represented in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. Discusses how these ideas affect the way public schools operate and the lessons educators teach or don't teach about our society. Includes ideas for classroom activities. (JDH)
Descriptors: Constitutional Law, Due Process, Justice, Law Related Education
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Pauley, Judith Anne – Journal of College and University Law, 1981
Court litigation involving the National Association of Intercollegiate Athletics' transfer rule denied procedural due process to a student declared ineligible, assuming that the privilege of competing is not a property right. Students' interest in the system is not adequately protected, and ways must be found to ensure this minimal protection.…
Descriptors: Athletes, College Students, Constitutional Law, Court Litigation
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Yale Law Journal, 1979
Greater administrative accountability can result only from a replacement of the current "but-for" test with one that simply asks whether protected activity was a substantial cause of the decision to remove the employee. Available from the Yale Law Journal, 401A Yale Station, New Haven, CT 06520. (Author)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Dismissal (Personnel)
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Pelesh, Mark L. – Journal of College and University Law, 1995
A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…
Descriptors: Accreditation (Institutions), Accrediting Agencies, Administrative Policy, Agency Role
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Rubel, Robert J. – Contemporary Education, 1979
The coincidence of increased student violence with increased student court victories indicates that there may be a causal relationship between the two. (LH)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Discipline Problems
Dowling-Sendor, Benjamin – American School Board Journal, 2003
In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)
Descriptors: Board of Education Policy, Constitutional Law, Due Process, Enrollment
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Underwood, Julie K. – Journal of Law and Education, 1989
In response to Professor Sacken, contends that a person's decision to conceive and bear a child is within the constitutionally protected zone of privacy. This would not prohibit a district from dismissing an unwed pregnant teacher, but would require evidence of immorality based on constitutionally acceptable criteria. (MLF)
Descriptors: Boards of Education, Civil Rights, Constitutional Law, Due Process
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James, Bernard. – Social Education, 1988
Reviews the U.S. Supreme Court decision in the case of the Hazelwood School District (Missouri) versus Cathy Kuhlmeier, where the Court heard arguments on whether a school-sponsored student publication is protected under the first amendment of the U.S. Constitution. Includes related cases, teaching procedures, and selected resources. (JDH)
Descriptors: Censorship, Constitutional Law, Court Litigation, Democracy
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Repa, Barbara Kate. – Social Education, 1988
Reviews the U.S. Supreme Court decision in the case of the Hazelwood School District (Missouri) versus Cathy Kuhlmeier. Offers quotes from the majority and minority opinions. (JDH)
Descriptors: Censorship, Constitutional Law, Court Litigation, Democracy
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Whitson, James Anthony – Social Education, 1988
Interprets the Hazelwood School District (Missouri) censorship case. Contends that, because classrooms are places where ideas and expressions are presented to be studied and challenged, special limitations on the free speech rights of students are misplaced. Advocates a differentiated standard for free speech in schools, a standard that is fully…
Descriptors: Censorship, Constitutional Law, Court Litigation, Democracy
Irons, Peter; Masugi, Ken – New Perspectives, 1986
The arguments in favor of and against monetary redress for survivors of America's wartime internment camps are presented. Pro-redress arguments emphasize the injustices done the victims. Anti-redress arguments focus on the duties for citizenship and the reasonable actions politicians might have concluded were necessary to win the war. (PS)
Descriptors: Civil Liberties, Civil Rights, Constitutional Law, Court Litigation
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Yale Law Journal, 1979
Argues that the effect of a proposed tuition tax credit is school segregation, creating serious constitutional objections under the due process clause. A voucher system would avoid these constitutional objections. Available from the Yale Law Journal, 401A Yale Station, New Haven, CT 06520. (Author/IRT)
Descriptors: Constitutional Law, Court Litigation, Due Process, Educational Vouchers
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