In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

The 2016 presidential election campaign and its aftermath have underscored worrisome trends in the present state of our democracy: the extreme polarization of the electorate, the dismissal of people with opposing views, and the widespread acceptance and circulation of one-sided and factually erroneous information. Only a small proportion of those…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

The Fourteenth Amendment to the U. S. Constitution holds that states must provide due process and equal protection to those with a life, liberty, or property right. College students have a property and liberty interest in the public education that they receive and the courts require notice and hearing before a deprivation of one of these…

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

Allowing public funds to be used for tuition and other expenses in private schools through a voucher system has been the source of debate in legislative and educational forums for almost half a century, but only recently have school vouchers become a serious school reform strategy. This article provides a brief overview of the voucher plans…

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

The Yearbook of Education Law contains analyses of the previous year's federal and state court decisions that affect private and public elementary and secondary schools and higher education. The Yearbook provides summaries and analyses of relevant state appellate and federal trial and appellate court cases. Contents include: (1) Employees; (2)…

The implications and shortcomings of court rulings on negligence in libel laws are explored in this paper. The paper first discusses the particulars of the 1974 landmark "Gertz versus Robert Welch, Inc." United States Supreme Court case, in which the court ruled that private persons as well as public figures would be required to prove…

Reviewed are the most significant legal issues affecting labor relations in education. Concerns involving agency shop, duty of fair representation, impasse arbitration, tenure, and curriculum (what it should or should not contain) are summarized. (MD)

Argues for a consistent approach to determining when Section 1983 litigation may follow state proceedings. Provides guidelines similar to those applied in habeas corpus proceedings for deciding when federal action will be barred. Available from UCLA Law Review, 405 Hilgard Ave., Los Angeles, CA 90024. (IRT)

For most people, law and the courts are veiled in mystery. Even though the law is made by legislators elected by the public and interpreted by judges chosen directly or indirectly by the public, and even though great strides have been made in making the law and its special language more understandable to people, the general public is still often…

A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)