The "irreparable harm" standard is an old principle of equity designed to limit court use of injunctions to situations in which the absence of court intervention would produce irreparable injury to legally protected interests. This study describes and analyzes the courts' use of the irreparable harm standard in anti-strike injunction…

Reviews the legal issues and implications of the Wisconsin Supreme Court's recent decision in Hortonville Education Association v. Hortonville Joint School District and discusses the possible impact of the U.S. Supreme Court's decision to review the Hortonville case. (JG)

This book presents and analyzes approximately 110 court decisions on a number of issues pertaining to the legal rights and responsibilities of teachers. The author discusses the significant legal principles involved in each case in an attempt to provide useful guidelines for teachers and school administrators. Except in the final chapter, the…

After noting the NEA's adoption of a resolution establishing guidelines for the settlement of impasses during school board/teacher negotiations, the paper discusses five ways California public school boards can regard employee strikes. They may view strikes as (1) illegal; (2) illegal, but necessitating procedures to deal with situations that…

This booklet contains the texts of speeches given at the 1968 National Organization on Legal Problems of Education conference on school law. The topics covered in the speeches include student rights, dress codes, defacto segregation, education and religious freedom, doctoral dissertations in school law, master contracts, and teacher strikes. (JF)

Discusses (1) a Michigan court decision concerning reverse discrimination and voluntary affirmative action policies; (2) the Massachusetts Supreme Court's rejection of the work-to-rule strategy; and (3) an Arkansas law that will allow teachers failing a basic skills and literacy test to be fired only when their state certification expires. (MLF)

This chapter summarizes recent state supreme court and federal court decisions involving collective bargaining for employees of public educational institutions. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976. In his discussion, the author attempts to integrate related…

CLASSIFIED PERSONNEL OF A SCHOOL DISTRICT REPRESENT BETWEEN 25 AND 30 PER CENT OF THE ENTIRE SCHOOL STAFF. THE PURPOSE OF THIS STUDY IS TO DETERMINE THE LEGAL WORK STATUS OF CLASSIFIED EMPLOYEES IN THE PUBLIC SCHOOLS THROUGHOUT THE 50 STATES AND TO ARRANGE THE COLLECTED INFORMATION UNDER FUNCTIONAL TOPICS. THE PROBLEM IS SUBDIVIDED TO CONSIDER (1)…

In this report on decisions made by federal and state courts during 1983 concerning collective bargaining in public elementary and secondary education, it is noted that the number of cases rose substantially from 1982. The standards according to which these cases are determined are relatively well developed and stable, but are resistant to…

Collective bargaining is merely a process for reconciling the expectations of two parties in order to arrive at a written contract, according to the author. His paper describes the bargaining process, following chronologically its major steps. The paper begins with a discussion of the recognition and certification of teacher unions. The next…

The contributors to this volume examine various legal aspects of the following school problems: decentralization, collective negotiation, and student rights. These writers detail the practical aspects of recent decentralizations in New York City and Detroit, and make recommendations for local board functioning in decentralized systems. Three…

In this report, the author examines current statutory and case law to determine the present legal restrictions on teacher behavior both in and out of the classroom. The discussion focuses on statutory provisions for teacher discipline and teacher conduct resulting in (1) certificate suspension or revocation, (2) suspension or dismissal, (3) loss…

The number of reported cases dealing with collective bargaining increased for the second consecutive year. While there was a significant amount of litigation, including one Supreme Court case, the courts relied on established precedents in deciding the many different issues confronting them. The review addresses the following topics at the K-12…

The most significant change appearing in the collective bargaining area in 1989 was the drop in number of cases compared to recent years. The largest number of cases challenged the specifics of fair share fee level establishment and the processes in place for collection of fees. There were also a significant number of cases surrounding issues of…