English legal commentator William Blackstone described the writ of habeas corpus as a second Magna Carta, and Supreme Court Chief Justice John Marshall called it the "great writ." It has been part of the Anglo-American common law tradition since the Middle Ages. In the United States, it has been a source of tension between state and…

The authors' recent study of all published decisions in state and federal courts concerning superintendent termination led to a surprising finding: The decisions overwhelmingly favored school districts. In this article, the authors examine several superintendents' intriguing cases. The authors also discuss practical lessons for superintendents.

This dissertation is a "public forum" legal case study on the federal court case "Madison v. Wolf" (2005) involving a conflict over the exercise of First Amendment speech rights on the Auraria Higher Education Center (AHEC) campus in Denver, Colorado. The dissertation involves the content analysis of the "Mason v.…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

The Fourteenth Amendment to the U. S. Constitution holds that states must provide due process and equal protection to those with a life, liberty, or property right. College students have a property and liberty interest in the public education that they receive and the courts require notice and hearing before a deprivation of one of these…

It is imperative that school administrators, athletic directors, and interscholastic/athletic associations become knowledgeable in the area of interscholastic athletics at the secondary level and fully understand its potential for litigation. Thus, the purpose of this research study is to examine issues, outcomes, and legal trends involving…

The Individuals With Disabilities Education Act (IDEA) has spawned much litigation in which parents of children with disabilities and school districts disagree over the content of a student's special education. The majority of this litigation has occurred in the federal district courts. The federal court system consists of more than 100 U.S.…

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…

This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…

This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and,…