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Showing 46 to 60 of 311 results Save | Export
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Bryant, David T. – Journal of Law and Education, 1993
Contends that the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association" leaves unanswered many questions as to what activities of exclusive collective-bargaining representatives are and are not chargeable to dissenting nonmembers of the organization. Reviews past precedent and forecasts further court litigation.…
Descriptors: Arbitration, Collective Bargaining, Court Litigation, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1998
The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…
Descriptors: Autism, Court Litigation, Disabilities, Elementary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2001
James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…
Descriptors: Court Litigation, Expulsion, Federal Courts, Freedom of Speech
Stefkovich, Jacqueline A. – 1992
The Fourth Amendment to the U.S. Constitution guarantees "the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures" by governmental officials. In a 1985 Supreme Court decision, "New Jersey v. TLO," students' privacy rights in public schools are afforded a lower…
Descriptors: Federal Courts, High Schools, Public Schools, School Law
Metzger, Mark J.; Zirkel, Perry A. – 1981
This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…
Descriptors: Arbitration, Collective Bargaining, Court Litigation, Federal Courts
Craig, Benjamin L. – 1970
This report compares and contrasts Federal court decisions involving student dress codes, with special emphasis on Denver area cases. Discussion covers code enforcement, subsequent court battles, relevant constitutional issues, and First Amendment and procedural and substantive due process considerations. The report includes the official…
Descriptors: Court Litigation, Discipline Policy, Federal Courts, Freedom of Speech
Peer reviewed Peer reviewed
Schimmel, David – West's Education Law Reporter, 1988
The issue of religious freedom and school curriculum confronted by the federal courts in the case of "Mozert v. Hawkins County Board of Education" has led four federal judges to analyze the facts and issues in four different ways. Summarizes and analyzes the opinions and the implications for educational administration. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Policy
Thompson, David P.; Hartmeister, Fredric J. – 2001
This is the 22nd in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Federal Legislation
Thompson, David P.; Hartmeister, Fredric J. – 2000
This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Federal Legislation
Peer reviewed Peer reviewed
Porto, Brian L. – Journal of Law and Education, 1982
Analyzes the unwillingness of the federal courts to view the traditional braided hairstyle worn by American Indian students as worthy of protection under the Tinker "symbolic speech" doctrine. Examines the legacy of the Tinker doctrine for Indian students and presents an argument for expanding this precedent. (Author/MLF)
Descriptors: American Indians, Court Litigation, Dress Codes, Elementary Secondary Education
Sendor, Benjamin – American School Board Journal, 1996
Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Legal Responsibility
Sendor, Benjamin – American School Board Journal, 1997
Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, Freedom of Speech
Bjorklun, Eugene C. – West's Education Law Quarterly, 1992
Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)
Descriptors: Court Litigation, Federal Courts, Public Schools, School Law
Peer reviewed Peer reviewed
Breyer, Hugh J. – Journal of Law and Education, 1991
In "Mozert," fundamentalist parents claim that the reading curriculum interfered with their right to transmit religious values to their children. The district court fashioned an excusal scheme; however, the Sixth Circuit reversed this decision. Reviews the facts, analyzes points of law left unresolved, and discusses the broader…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Parent Rights
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