Ongoing or recently completed across the United States are a series of lawsuits via which teacher plaintiffs are contesting how they are being evaluated using value-added models (VAMs) as part of states'/districts' teacher accountability systems. To investigate the empirical and pragmatic matters addressed in court, researchers conducted a case…

Global health emergencies often lead to a proliferation of health-related research and resultant data, which is shared across borders to help control the outbreak of disease and support decision-making regarding public health interventions. However, efforts to share data can be hindered by diverse international ethical and legal frameworks. The…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Reviews court litigation during the 19th and 20th centuries in the United States which was blatantly political. Also questions the extent to which political influences in the courtroom pose a threat to the administration of justice. Cases include anarchist trials of the late 1800s, the Debs Case, and the Sacco-Vanzetti Case. (DB)

In light of the trend towards lawsuits against professions, especially teachers and schools, the article describes events which commonly give rise to litigation against schools and teachers, describes the duty that Canadian law imposes on teachers, explains the concept of "supra parental" duty, and details several significant lawsuits.…

Presents information about the legal role and powers of the grand jury. Alerts social workers to the possible shift from being an informational witness to being the focus of inquiry. Guidelines for grand jury testimony are offered, and the legal rights of social workers are reviewed. (JAC)

Harlan Cleveland's book concerning the benefits and costs of open governing board meetings is reviewed and critiqued, especially in its suggestions for modification of statutes in the cases of presidential searches and program and board evaluations. (MSE)

Maintains that academia has not escaped the litigious nature of the current U.S. social climate. Cites pivotal U.S. Supreme Court cases on academic judgment and reviews lower court cases where students challenged their assigned grades. Provides suggestions for lessening the likelihood of litigation. (CFR)

The quality of education being offered by institutions of higher education is being questioned. Trends toward educational quality are evident by court cases that are cited; the issue has been school finance. The equal protection clause of the Constitution has been extended to apply to several areas through the idea of "fundamental rights." The…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of…

The phenomenon of minimum competency testing (MCT) is explored, beginning with its origins in public concern for educational accountability. Three major themes appearing in the states enacting prescriptive legislation are described: state standards/state test (Florida); state standards/local test (Oregon); and local standards/local test…

Discusses the impact of the Family Educational Rights and Privacy Act of 1974 and the Student Right-to-Know and Campus Security Act on student affairs. Examines several important court cases. Posits student affairs professionals can have a leading role in annunciating the appropriate nexus between policy and developmental practice. (JBJ)

Historically, legal issues have not been well represented in the higher education research literature. Two sources, however, regularly discuss legal issues: the Journal of College and University Law and the Chronicle of Higher Education. Three main themes emerge in the literature on legal issues: (1) rethinking and refining of traditional…

This paper presents an examination of case law on faculty tenure and promotion as they are affected by institutional financial exigency and an examination of case law on personnel and faculty evaluation. An opening section reviews growing demands for accountability in higher education including legislatively mandated assessment of faculty and of…