Implied remedies, recognized in a wide variety of statutory contexts, play a proper role in state court and federal agency forums; but preemption and agency discretion doctrines limit federal review of denials of implied remedies. Chronic failure of such forums to recognize the federal statutory right may be a proper factor supporting direct…

From the 1940s to the 1970s, the numbers and outcomes of court decisions escalated dramatically in favor of students, employees, and other individuals suing school districts. Today, the overall trend of education litigation favors school officials. The single exception is the category for special education. Since passage of the original special…

The "Horowitz" and "Ewing" decisions defined the rights to due process in academic matters on the public postsecondary campus. This study bring the law forward since the 1978 and 1985 Supreme Court decisions by identifying and analyzing 59 cases. (142 footnotes) (MLF)

Two recent court decisions--one from the state of Washington and the other from Indiana--demonstrate that the Individuals with Disabilities Education Act's strong presumption in favor of mainstreaming disabled children has its sensible limits. (MLF)

Discusses a Pennsylvania case to determine whether a school district is liable for monetary damages involving a teacher's sexual abuse of a student. The case turns on the meaning of "appropriate person" under the U.S. Supreme Court's Title IX analysis. (PKP)

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

Public institutions of higher education often violate the rights to freedom of association, equal protection of the law, and due process to which fraternities are entitled. Examines the following issues: (1) institutional recognition; (2) institutional control; (3) withdrawal of recognition; (4) legal standards of Interfraternity and Panhellenic…

School personnel need to learn about the outcomes of controversial education cases. Research on school law knowledge indicates that teachers and students would benefit from learning the basic principles of school law. (six references) (MLF)

Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

Analyzes two court decisions that defined the responsibilities and rights of student journalists. Both cases held that the newspapers involved were not "public forums." Suggests that the Supreme Court may once again have to address questions that were left unresolved by the majority opinion in "Kuhlmeier." (MLF)

The United States Supreme Court expressly created the "Hazelwood" standard to give school administrators more control over student expression occurring during a school-sponsored activity. However, until the Supreme Court strictly defines curriculum, lower courts will continue to make overly broad application of "Hazelwood" to…

Traces the judicial history of the Supreme Court's ruling in "Jenkins" that federal judges have the authority to order local governments to increase taxes to pay for the cost of integrating a school system. Praises the Supreme Court for acting when state laws and local taxpayers fell short of providing the necessary funds to implement a…

The Supreme Court's "Croson" decision has major implications for local government and school administrative units that wish to encourage the use of minority contractors. Discusses the decision and some of the effects that the rules announced in the case may have on North Carolina's local governments and schools. (MLF)

Conflicting opinions between two circuit court decisions set the stage for another consideration of school officials' discretion in deciding whether the Equal Access Act would apply to their schools based on the presence or absence of a limited open forum. (MLF)

The perception of an "explosion" of education litigation expressed by federal officials and by the relevant literature is incorrect. Summarizes the findings of previous research and of the present study to answer the frequency question, and reveals findings as to United States Supreme Court decisions. (MLF)