Reviews the recent history of the Fifth Amendment focusing primarily on its use by government officials during the Iran-Contra hearings and by teachers during the McCarthy era hearings. Concludes that social studies teachers must encourage discussion of the political and philosophical issues contained in the Iran-Contra hearings. (JDH)

Dismissing a teacher for insubordination is usually acceptable to the courts when the teacher willfully defies reasonable and specific regulations and orders despite repeated and clear directives that such behavior must cease. (PGD)

How should schools treat unruly children? Answers to this question are offered, with a focus on children's rights and the abolition of corporal punishment in Britain. The case for children's rights in isolation is not promoted, but rather within the context of the rights and the responsibilities of pupils, teachers, and parents. The discussion…

The Supreme Court decision in Martin vs. Wilks gives employees dissatisfied with affirmative action hiring plans the right to mount legal challenges to them years after adoption, even if employees did not challenge the plans originally. Some say the plans are vulnerable to new legal challenges, while others say they are not. (MSE)

Newly hired teachers regularly have questions about whether their lifestyles and actions outside of school could have repercussions on their career. Because they are expected to be role models for their students and thus held to a higher level of discretion than the general citizenry, educators have had restrictions placed on their living…

This article provides an overview of court cases that affect the curricular speech of teachers. Despite the large number of cases, the law governing speech in the schools is anything but settled. Courts disagree as to the analytical framework that should be applied to such claims, although most courts use the standard articulated by the Supreme…

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

The Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) are two major pieces of social legislation that impact private and public employers, including school districts. Public school employers must have thorough awareness of the legal requirements of both laws and must analyze the ways in which those requirements…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

Increased appreciation of the commercial value of intellectual property has triggered a major debate on college campuses, focusing on two issues: ownership of intellectual property and use of copyrighted works in teaching and research. Because these raise faculty-rights issues, faculty must identify its claims and interests clearly and make itself…

Intended for use in school law courses of a primarily informative nature with some attention given to attitudinal concerns, this book was designed for teachers and educational administrators. The contents are divided into 13 units that contain information regarding education and the American legal system, certification and employment, religion and…

Discussion of academic freedom and college teacher dismissal first examines the expectations that institutions should have of faculty, traces the history of academic freedom in America, and looks at conditions that might constitute adequate cause for teacher dismissal. Examples are drawn from court litigation. Catalysts in the institutional…

Case citations from federal and state court decisions concerning freedom of speech in schools are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employees' Freedom of Expression: Academic Issues" (Virginia Davis Nordin);…

The relationship between the principal and the law has never been easy to define. This book provides basic information on the current status of law, risk, and site-based management as they relate to the legal rights and responsibilities of principals. Twenty-one chapters are included in five sections. The first section discusses the school and the…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…