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…

The Yearbook of Education Law contains analyses of the previous year's federal and state court decisions that affect private and public elementary and secondary schools and higher education. The Yearbook provides summaries and analyses of relevant state appellate and federal trial and appellate court cases. Contents include: (1) Employees; (2)…

Discusses a recent Fourth Circuit Court of Appeals decision that when individuals are allowed to try out for or join a team participating in a contact sport and operated for members of the other sex, then discrimination against because of their sex is prohibited by Title IX. (22 footnotes) (MLF)

In 1981 the federal courts decided hundreds of cases involving schools relating to civil rights statutes, the First Amendment, the Fourth Amendment, and the equal protection clause of the Fourteenth Amendment. Lawsuits concerning the handicapped involved such issues as the costs of determining what is equal opportunity in education, full-time…

Court decisions resulting from litigation regarding higher education governance and finance are discussed in this chapter. Governing body authority and intergovernmental relations are the subjects of a number of cases. Three cases involve questions of licensing of private institutions of higher education by state agencies. Other cases illustrate…

Court litigation concerning governance and finance in higher education demonstrates lawyers' attempts to extend the legal principles established in one educational system to different systems. Intergovernmental relations cases involve educational institutions' connections with counties, cities, states, and various public agencies. Because of an…

The "Bishop v. Aronov" case concerned an administrator's right to prohibit a professor's religious speech during class at a public university. According to the Eleventh Circuit, the university classroom is not considered a public forum; professors as public employees may be subject to restrictions placed on their curriculum. (87…

An analysis is made of the voting record of Justice Sandra Day O'Connor on cases related to education and the impact of these votes. The decisions of the Supreme Court during the 1981-82 term were classified under one of seven different headings: (1) religion and the schools; (2) freedom of expression; (3) due process of law; (4) racial…

This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…

In ruling that school officials had not violated students' protection for free speech by censoring a high school newspaper, the U.S. Supreme Court declared the newspaper to be a supervised learning experience for students. Traces the course curriculum theory rationale, implications for college newspapers, and other aspects of censorship. (MLF)

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

The Eleventh Amendment was ratified in 1795 to afford protection for the states. Reviews the history and evolution of the amendment's interpretation. Highlights decisions in education law concerning whether state governments may repel claims by plaintiffs seeking federal authority over state laws, policies, institutions, and programs. (34…

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…