On June 23, 2005, oral arguments were heard in the Fulton County Superior Court in the first round of Georgia's current school finance litigation, "CASFG v. State of Georgia." The hearing was on the state's motion to dismiss the action by a coalition of rural school districts, parents, and students. Four months later Senior Judge…

Perspectives on the relationship of the legal profession to the changing nature of American society are discussed by Attorney General Smith. He proposes the idea that the courts, without constitutional warrant, have struck down actions by legislative bodies and brought about new rights (i.e., government by judicial decree). He suggests that…

The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

Chapter 9 of a book on school law traces court rulings concerning the liability of school board members. Political and governmental functions performed by school officers have generally been held immune from liability. In Wood v. Strickland, a school case, the U.S. Supreme Court held that while public officials are generally entitled to immunity…

This paper gives an overview of the legal environment of advertising as it is influenced by the Supreme Court and by the Federal Trade Commission (FTC) and provides some clues as to what advertisers might expect in that environment in the future. Using a thematic approach to examine the current FTC and judicial system views of advertising as a…

Argues that the existing rules governing a physician's liability for treating a child without parental consent merit reconsideration because the minor possesses a fundamental constitutional right, stemming from the right of privacy, to consent to medical care. Proposes guidelines for the development of a legislative program implementing these…

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

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)

Presents 11 guidelines, based on constitutional requirements, to help the school administrator to develop a firm and fair student discipline code. Condensed from "A Legal Memorandum", March 1981, published by the National Association of Secondary School Principals, Reston, Virginia. (Editor/SJL)

The author argues for the delineation of children's and student's rights in Canada's proposed new federal constitution. He discusses the traditional legal status of schoolchildren and defines their welfare and option rights. (SJL)

The possibilities of successfully suing a state entity have been narrowed by the Eleventh Amendment, the definitional exclusions imposed by the Supreme Court in its interpretations of section 1983's legislative history, and the inapplicability of the doctrine of various liability to section 1983 suits. Such narrowing of the permissable scope of…

An analysis of the approaches taken by the Supreme Court in determining the existence of unconstitutional racial discrimination is presented. Cases involved voting rights, jury selection, gerrymandering, segregation of schools and of public and private facilities, and distribution of governmental burdens and benefits. (LBH)

The impact of Weise v. Syracuse University, involving alleged sex discrimination in university hiring practices, is unclear but the appeals court held that a less stringent state action standard should be employed in claims involving sex discrimination. (LBH)