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Russo, Charles J. – Education and the Law, 2008
In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…
Descriptors: Constitutional Law, Public Schools, Search and Seizure, Student Rights
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Mawdsley, Ralph D.; Cumming, J. Joy – Education and the Law, 2008
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…
Descriptors: Negligence, Schools, State Courts, Foreign Countries
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Russo, Charles J. – Education and the Law, 2007
As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…
Descriptors: Constitutional Law, Court Litigation, Foreign Countries, Public Sector
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Russo, Charles J.; Mawdsley, Ralph D. – Education and the Law, 2004
In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…
Descriptors: Court Litigation, Federal Courts, Constitutional Law, Patriotism
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Komesaroff, Linda – Education and the Law, 2005
Over the past decade, a growing number of complaints have been made against Australian education authorities over the language of instruction used to teach deaf children. The complaints, made under the "Disability Discrimination Act", were lodged with the Human Rights and Equal Opportunity Commission for investigation and possible…
Descriptors: Disability Discrimination, Federal Courts, Language of Instruction, Deafness
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Clarke, Paul T. – Education and the Law, 2004
Since the advent of the "Canadian Charter of Rights and Freedoms", the Supreme Court of Canada (SCC) has rendered judgments in four cases where individual educational stakeholders have alleged violations of their constitutional rights. In three of the cases, "R. v. Jones", "Eaton v. Brant County Board of Education",…
Descriptors: Court Litigation, Foreign Countries, Public Education, Constitutional Law