From 1896 to 1954, the "separate but equal" doctrine instituted by the landmark "Plessy v. Ferguson" case reverberated in public education in the United States until its rejection in the 1954 "Brown v. Board of Education of Topeka" Supreme Court decision. In this integrative literature review, the authors sought to…

Bullying in schools has escalated far beyond childhood teasing. In recent years, torture, murder, and suicide have been associated with bullying (van der Kolk, Weisaeth, & McFarlane, 2007). While bullying is unacceptable behavior in any school, it is particularly problematic in Catholic schools, which must embody Gospel values. Catholic…

Within the past few decades, scholars, lawmakers, and educators have increased attention to a specific type of aggressive behavior known as bullying. While bullying is like peer aggression and harassment, in that they all pertain to negative aggressive actions, there are important distinctions among these three forms of behavior. The key features…

Discusses "National Labor Relations Board v. Yeshiva University," which ruled that college faculty were managers and thereby excluded from collective bargaining, focusing on why the Supreme Court classified professors as managers, whether the Court did something unusual in this case, or whether faculty is simply the unlucky vanguard of a…

Mexican Americans were legally defined as Whites as a result of treaty obligations with Mexico that expressly allowed Mexicans to become U.S. citizens. Federal laws of the time required that an alien be White to become a U.S. citizen. The government of Mexico and the U.S. Department of State pressured the U.S. Census Bureau to reclassify Mexican…

The Supreme Court's Missouri v Jenkins decision changed the role of school administrators as well as their ability to set priorities and control implementation. By sanctioning court-ordered taxation, it also involved legislators in the partnership, although the courts are clearly senior partners in the relationship. (SK)

This chapter of "Principles of School Business Management" explores the legal context in which school business officials and other school administrators operate. The chapter considers the legal sources for the power and authority of the district and its administrators and also examines the legal process as it affects schools and the performance of…

The issue of Aboriginal identity is most often played out in Canadian law. Aboriginal "difference" from others is used to maintain inequities in power relations when it is convenient for those with power. Canada Natives should identify themselves from inside themselves, their communities, and their traditions, and not allow others to…

Intended to serve as a practical guide for principals, this book analyzes the implications of recent court interpretations of constitutional and statutory law as it applies to the disciplinary policies and practices of schools. Emphasis is placed on the effects of the law on the actions of school administrators in Illinois, and several sections of…

The Yeshiva University court decision is examined, in which the faculty was included with administrators as managers of the university, negating any right of the faculty to unionize. The decision is discussed in light of research on the decision-making process at colleges and universities and the roles of professionals in these institutions. The…

Recent studies of the Chicago Bar Association suggest there is an important gap between what is taught in law school and most of the practice of law. Whether anyone cares about this gap, and what can be learned about the legal system from the studies, are discussed. (Author/MSE)

This book challenges the widely held view that relations between dominant and subordinate groups can be unmarked by histories of oppression, as many cultural diversity theorists, educators, and legal practitioners presume. In this view, problems of communication are mere technical glitches caused by cultural and other differences, and educators…

Maintaining that profound transformations over the last 30 years in the way children look and act are connected to many troubling social problems, this book demonstrates how anticulturalism--the belief that children are autonomous, independent individuals discovering their own reality and that development occurs best independent of or in…