In Wood v. Strickland, the Supreme Court held that a school board member is not immune from liability for damages if he knew, or reasonably should have known, that the action he took within his sphere of official responsibility would violate the constitutional rights of the student affected; or, if he took the action with the malicious intention…

Reviews the "Horowitz" case and offers a version of the traditional due process formula that would emphasize the fundamental nature of the claim to procedural due process when significant interests are adversely affected by government action. Available from University of Iowa College of Law, Iowa City, IA 52242. (Author/IRT)

Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

The Supreme Court's opinion and concurring opinion in a case limiting the right of courts to overturn academic decisions, based on the case of university's dismissal of a student after his failure of an important examination, are presented. (MSE)

In this chapter the author notes that only one conclusion concerning the litigation covered is warranted: the extremely large number of cases dealing with employment issued continued unabated in 1980. The main areas of litigation are discrimination (primarily on the basis of race and sex); substantive constitutional rights; due process; immunity…

The Model Children's Code was developed to provide a legally correct model code that American Indian tribes can use to enact children's codes that fulfill their legal, cultural and economic needs. Code sections cover the court system, jurisdiction, juvenile offender procedures, minor-in-need-of-care, and termination. Almost every Code section is…

During 1973, the broad issues characterizing the majority of court decisions concerning school employees were the constitutional and statutory rights of teachers and the relationship between these rights and the authority of the employer to act. Due process, both procedural and substantive, continues to receive extensive court consideration along…

Cases involving employment interests of teachers, administrators, and other school employees generally continue trends set in earlier years. Discrimination considerations continue to play an important role. One area in which the courts might be said to intervene somewhat more than in others is the prevention and remediation of race discrimination.…

This first chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 250 state and federal court decisions handed down in 1985 affecting the legal rights of employees of public schools and state education agencies. Among the topics examined are discrimination on the basis of race, religion, sex, national origin, age, and handicap;…

This volume summarizes and analyzes judicial decisions affecting educational policy and management that were handed down in 1986 by state appellate courts and federal courts. The book is divided into the following eight topical chapters, each written by one or more experts in education law: (1) "Employees" by Gail Paulus Sorenson; (2) "Bargaining"…

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…