This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

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)

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…

Presents a comparative examination of state statutory codes related to public educator termination, and an analysis of recent court cases involving hearing officers in public education termination actions. (68 footnotes) (MLF)

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

State profiles on youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts. This volume contains profiles for the North Central states of Illinois, Indiana, Iowa, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. The first part of each state profile…

State profiles of youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts, This volume contains profiles for the Northeastern states of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont. The first part of each…

State profiles of youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts. This volume contains profiles for the South Central states of Arkansas, Colorado, Kansas, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, and Texas. The first part of each state profile describes the…

State profiles of youth in adult courts were compiled for each of the 50 states, the District of Columbia, and the Federal District Courts. This volume contains profiles for the Western states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. The first part of each state profile describes the…

Major legal issues confront urban schools today, among them: (1) equal access of racial groups to quality education; (2) students' rights to due process; (3) teachers' rights to due process, academic freedom, collective bargaining, and promotion to administrative positions; (4) equal opportunity for those needing special education; (5) equal…

Reviews four recent cases decided in state and federal courts. The cases focused on due process in student suspensions, the use of unlawfully obtained evidence in disciplinary hearings, unacceptable methods for handling personnel conflicts, and the application of voluntary affirmative action policies during periods of staff reduction. (PGD)