Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

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…

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

This book is limited to a study of the education opinions of the Supreme Court during the time that Warren Earl Burger served as Chief Justice. Over 100 opinions having direct bearing on education were issued during the Burger years, a total greater than in the entire Court's history. The first chapter presents the history of the establishment of…