A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

In this Martin Center policy brief, "Scholastic Gag Orders: NDAs, Mandatory Arbitration, and the Legal Threat to Academics," Stephen Baskerville explores how non-disparagement agreements (NDAs) and mandatory arbitration (MA) provide a veil of legally enforced secrecy, shielding administrations from negative publicity, professional…

Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…

In 1988, Richard Morin, a Grade 9 teacher in Prince Edward Island, Canada was removed from the classroom for showing his students a film that was critical of Christian fundamentalism. The ensuing court battle, which eventually resulted in Morin's vindication in 2002, has received surprisingly little attention. I begin the analysis with a careful…

This was a purposeful, qualitative, historical and document-based research study that investigated the trends and outcomes of the legal issues relating to teacher dismissal for "immorality". The study included 114 cases over a 30-year period spanning from 1977-2007. Federal and state level law cases were researched to determine the ruling of…

School business officials and other education leaders worry now more than ever about facing legal battles. Maybe today's parents are more likely to run to the lawyer's office. Or maybe they simply expect everything to be a certain way--their way. Regardless, the result is the same: today's school leaders are likely to find themselves having to…

Most people have at least secondhand knowledge about Second Life, a virtual-reality world created by Linden Lab, in which avatars (digital characters) lease "islands" for real-life purposes--to sell products, conduct classes, do research, hold conferences, and even recruit for admissions. About nine million avatars reportedly interact on this…

These proceedings contain the papers of the International Conferences on Educational Technologies (ICEduTech 2014), and Sustainability, Technology and Education (STE 2014). The International Conference on Educational Technologies (ICEduTech 2014) is the scientific conference addressing the real topics as seen by teachers, students, parents and…

This article, written by two lawyers, defines defamation, discusses the basic law of defamation and stigma, and focuses on recent case law on this topic. The cases are only a sample of the numerous cases that school districts across the nation face on the issues of defamation and stigma. The following topics are included in the legal review: the…

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

Supreme Court has delineated three-step test to First Amendment cases brought by public employees, including tenured and nontenured teachers' academic freedom cases. Is teacher's conduct "protected expression" that concerns public issue without unduly rocking boat? If so, is protected expression the motivation behind district's adverse…

Summarizes a case involving a Denver high school teacher's naming, in a government class, of a student observed in a public sexual rendezvous. The teacher lost on all fronts, because his speech was considered school-sponsored and did not meet the school district's pedagogical interests, based on the 1988 "Hazelwood" decision limiting…

Protecting students from abuse is crucial for principals. However, false allegations can destroy a teacher's career and life. Principals can protect teachers by having a code of conduct, prohibiting false complaints, and providing training in prevention strategies. Teachers should avoid 10 risky behaviors. (Contains 11 references.) (MLH)

Explores how, in the 1990s, a new form of censorship emerged in the ever-expanding definition of sexual harassment. Asserts that no greater threat to free speech and individual rights in the university presently exists within the scope of American jurisprudence. Offers cases to support these claims. (EV)

Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…