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…

An analysis of court litigation in issues of school law is equally divided between decisions affecting school districts and those affecting postsecondary institutions. School-district litigation is arranged under the following categories: student rights and responsibilities, special education, employee rights and responsibilities, religion,…

This book is limited to a study of the education opinions of the Supreme Court during the time that Warren Earl Burger served as Chief Justice. Over 100 opinions having direct bearing on education were issued during the Burger years, a total greater than in the entire Court's history. The first chapter presents the history of the establishment of…

The major purpose of this book is to help make public school teachers more aware of their legal rights and responsibilities. Five areas of legal importance to teachers are discussed: employment security, student discipline and control, liability for student injury, academic freedom, and collective bargaining. The author uses a question/answer…

This monograph examines recent legal developments in education and their impact on federal policy as well as ways in which the legislative and executive branches can facilitate rather than impede state compliance with court mandates. While organizing the discussion under the broad headings of "Equal Educational Opportunity,""Protection of…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

This document is a collection of 32 1998 Education Law Association conference papers. The collection includes the following papers: "The More We Change: Meeting the Requirements of Unitary Status" (Angela M. Sewall and Ann E. Witcher); "Everything You Need To Know about Discipline of Students with Disabilities" (David T. Duff,…