This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses teachers' rights to private and public speech. Specifically, it examines the rights of special-education teachers and other special-education professionals to advocate, privately or publicly, on…

The following are outlines presented by individuals at the Education Law Association 2001 winter seminar: "Academic Freedom and the Religiously Affiliated University" (the freedom to teach, research, and publish has never been--and still is not--without limits); "How Random and Suspicionless May School Searches Be" (random and suspicionless drug…

Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…

For decades, the instructional field trip has been viewed as a strategy to enhance students' learning experiences. Yet what happens when an award-winning teacher is accused of choking a student while on a field trip? Tempers flare among community members, parents contact the police, and the principal is assigned the daunting task of investigating…

This book was designed to serve as a legal resource for secondary and elementary school teachers and prospective teachers. Specifically, the book helps teachers become aware of their legal rights and responsibilities in order to avoid violating others' constitutional and statutorial rights in the classroom, and to assert their personal and…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

The American Association of University Professors' report on intellectual property rights summarizes federal copyright law on issues that concern faculty: ownership; commercialization; revenue distribution; works created for colleges and universities; fair use; traditional, electronic, and multimedia materials; Internet/World Wide Web; digital…

This chapter covers over 200 cases reported in 1990 involving precollegiate, public-sector employees. Those cases where procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Unlike many years in the past, 1990 saw no Supreme Court cases related to school employment. As in previous years, the…

This chapter covers the nearly 220 cases reported in 1989 involving precollegiate, public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline has the greatest…

This chapter covers the nearly 230 cases reported in 1988 involving precollegiate, public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline has the greatest…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…

Despite differences among state laws authorizing collective bargaining, and despite the variety of administrative and legal structures that enforce collective bargaining rights and obligations, a considerable degree of consensus has evolved throughout the states. Accordingly, this chapter highlights the major features of the law with respect to…

This chapter covers the nearly 250 cases reported in 1987 involving precollegiate public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Although no United States Supreme Court cases in 1987 related to school employees, those from prior years are…

Except in matters of obvious race and/or sex discrimination, teachers in Catholic and other private schools have fewer Constitutional rights than public school teachers have. Contract law, rather than Constitutional law, governs most teacher employment situations in Catholic schools. An awareness of its implications, together with pastoral (moral…

This publication consists of papers delivered at a 1986 preconference workshop of the Canadian Education Association. "Recent Legislation and Emerging Trends," by Duncan Green, identifies common themes in three recent pieces of school legislation in Ontario. The second paper, by Judith Anderson, assesses "Trends and Implications for…