Changes in applying due process have ended the hands off policy of the courts regarding human service programs. These changes have important implications for social workers, whose actions may risk court involvement if practices are arbitrary. (Author)

Due process is a flexible concept that can serve as a model for responsible practice consistent with the notion of protecting client integrity. This discussion of the boundaries between governmental authority and individual rights can help planners, administrators, and practitioners in dealing with social programs and legislation. (Author)

Describes two court cases, one that considers the consequences when an employee misrepresents his authority or fails to submit to reasonable rules, regulations, or requirements. Includes comments on the responsibility of supervisors in evaluating subordinates. The second case suggests the courts will support a board in its efforts to require…

The degree of proof needed for conviction in a criminal action (which is "proof beyond a reasonable doubt") is greater than the proof needed to obtain a judgment in a teacher-dismissal civil action (which is "a preponderance of the evidence"). (Author)

Litigation and the issues surrounding the use of behavioral procedures to handicapped persons are reviewed. Attention is directed to the use of aversive techniques, e.g., corporal punishment, electric shock, timeout, and restraint. (SEW)

Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)

Although juveniles are not considered criminals, it has been only in the last decade that they have been accorded the constitutional rights to fairness and due process of law accorded to adults - - basic rights guaranteed by the United States Supreme Court decision in the Miranda case. However, since a large proportion of youthful arrestees are of…

Discusses the damaging effects of "group libel", the use of language to subjugate groups of people, and the conflict these elements present with the First Amendment commitment to freedom of speech. (JMF)

A detailed checklist and timeline for ensuring due process are provided for adverse personnel actions, and the need to supplement this with expert, same-jurisdiction legal advice is stressed. This approach emphasizes the importance of treating due process as an ethical as well as a legal requirement. (SLD)

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

This discussion on merit pay and career ladders focuses on legal questions about evaluation fairness. If the concern of teachers for fairness is heeded, policymakers must include in enabling legislation for teacher incentive programs procedures designed to minimize the impact of bias for or against particular individuals or particular teaching…

In the case of Ingraham vs. Wright, the United States Supreme Court ruled that under the eighth amendment school children do not have constitutional protection from the use of corporal punishment. The majority decision relies heavily on assumptions concerning the tradition and effectiveness of the use of corporal punishment in education. In an…

This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as…

This paper presents campus crime statistics for 1993 and 1994 and discusses overall trends in court workloads and criminology. An annotated summary of news reports, books, and legal citations regarding incidents and court findings related to education and particularly higher education are provided. The information is compiled from the Chronicle of…

Most educational reform cases proceed as class actions in which there is no single aggrieved plaintiff with clearly identifiable views, but rather an aggregation of individuals, often with conflicting preferences. This paper explores the problems presented in educational reform class actions where plaintiffs disagree over the remedial objectives…