The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools.…

In "Badges and Incidents," Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American…

A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational…

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…

The Praeger Handbook of American High Schools contains entries that explore the topic of secondary schools in the United States. Entries are arranged alphabetically and cover topics as varied as assessment to the history of the American high school, from attention-deficit/hyperactivity disorder to gay and straight student alliances, from the No…

Any educator who wants to stop bullying and harassment needs to first understand the legal ins and outs of the problem. Here's a guide that provides the practical information needed to protect students and avoid litigation. Using actual court cases and school events that made major headlines, educator and attorney Kathleen Conn examines essentials…

Chapter 9 of a book on school law traces court rulings concerning the liability of school board members. Political and governmental functions performed by school officers have generally been held immune from liability. In Wood v. Strickland, a school case, the U.S. Supreme Court held that while public officials are generally entitled to immunity…

Reflecting widespread unhappiness with the growing tax burdens in this country, the most active area of litigation reported in the property chapter this year involves various attempts by taxpayers to prevent the construction or remodeling of public school facilities. While some taxpayers fought to keep schools from being built, others in New York…

The articles collected in this book originated at a conference at which legal and economic scholars discussed the issue of First Amendment protection for commercial speech. The first article, in arguing for freedom for commercial speech, finds inconsistent and untenable the arguments of those who advocate freedom from regulation for political…

Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

This book surveys court litigation arising from the period 1975-78 concerning the field of public sector labor relations. Part 1 summarizes recent trends and developments in the field. Transcripts of the 15 court cases most likely to be cited or referred to in the future are reproduced in full in Part 2, with an analysis of each case and its…

As used here, compulsory union or union security agreements are federally sanctioned contracts between a labor union and employer whereby the employer agrees to require his employees, as a condition of their employment, to affiliate with the union in some way. Right-to-work is usually construed to mean the liberty of the individual to have a job…