A problem unique to constitutional torts arises when state-created governmental entities are defendants. Implications of the problem are discussed, and it is concluded that until the issue is resolved, the right to compensation for violations of rights will continue to depend upon the law of the state in which the violation occurred. (LBH)

The first chapter of this monograph on sport law presents tort issues, primarily negligence. A discussion of some fundamental negligence concepts is followed by three sections devoted to the prime risk areas in school and collegiate settings. A review of the principles of risk management is included. The second chapter focuses on contractual…

The purpose of tort law is to offer remedies to individuals for harm that resulted from the unreasonable conduct of others. This chapter examines those cases reported during 1989 that involved tort claims within the school context. Tort cases discussed in this chapter are organized under the following sections: (1) negligence in regard to…

This chapter examines court cases reported during 1987 of tort claims involving school officials, employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. The most common tort alleged to have been committed by school personnel is negligence. Most negligence suits…

This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

This chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

The rights of victims of crime or violence in school settings are analyzed in this book. The first chapter looks at the scope of the problem and outlines the rights already established for those accused of crimes. The second chapter focuses on efforts to make educational environments safe, including a 1982 amendment to the California Constitution.…

During the past year, in cases involving the authority of school boards to make curricular decisions and provide for services, the courts have balanced school board authority against constitutional and statutory provisions related to privacy, free exercise of religion, and public records laws. Section 1, "School Boards and Board Members," outlines…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

This chapter includes all cases involving student-athletes, coaches, athletic directors, athletic associations, and booster organizations at both the K-12 and higher education levels. However, no case law is discussed that pertains to physical education instruction or intramural participation. The cases are discussed in the following sections: (1)…