Presents R. Scarce's account of his jailing for refusal to divulge to the authorities information gathered for his doctoral research. Revealing the information would have been a violation of the American Sociological Association's Code of Ethics. Concludes with 13 concerns and suggestions for protecting scholarly research from legal intrusion.…

Maintains that, although courts have ruled that poor people accused of crimes must be provided legal services, most court cases involve civil law. Presents a secondary school lesson in which students review 11 mock civil court cases and decide whether or not free legal counsel should be provided. (CFR)

This booklet discusses due process for institutions of higher education and how principles of due process should shape the design of institutional procedures for resolution of conflicts affecting students, faculty, academic programs, and research. The booklet defines and explains various area of conflict, the role of due process, and key legal…

The sharp increase in the number of cases that involve school antidrug policies continued in 1987. Courts continued to support school policies that contain an automatic suspension or expulsion penalty for school drug possession. First Amendment religious cases also continued to increase in number. A new grouping of cases under the heading…

The legal developments regarding dismissal of tenured faculty members because of financial exigency are considered. Attention is directed to, the ability of the public or private institution to dismiss and the constitution of a state of financial exigency and a bona fide dismissal. A standard for claiming financial exigency that was suggested by…

The eleven publications reviewed in this annotated bibliography discuss litigation and legal issues in education, such as administrator discretion in student discipline, the constitutional rights of students and teachers, defamation of character, and the school board's authority to transfer personnel. The literature also examines the issue of…

The personal liability of community college administrators and trustees hinges on the judicial interpretation of 42 USC Section 1983, the Civil Rights Act of 1871. That federal statute allows individuals such as students and teachers to recover money damages from those state officials who have violated their federal rights. Addressed to the…

In 1976 the National American Indian Court Judges Association was awarded a one year contract to study Indian court systems, identify their main strengths and weaknesses, develop a set of model standards, name four model courts with whom to test the model standards, and propose a five year plan of support for Indian courts. Written materials…

This publication is intended to outline basic legal issues in key areas confronting the postsecondary education community, and to provide background information of which every college administrator should be aware. Chapter I, "Employment, Evaluation, and Retention or Nonretention of Faculty and Staff," discusses the legal obligations and rights of…

This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

The purpose of this paper is to examine, from a Constitutional perspective, the bases on which ability grouping and tracking might be challenged as barriers to equal educational opportunity. Findings from educational research on ability grouping, commentary from law review journals, and the texts of cases themselves are included as a part of the…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

One of a series of secondary level teaching units presenting case studies with pro and con analyses of particular legal problems, the document presents a student's lesson plan, a teacher's lesson plan, and a lawyer's lesson plan designed to expose students to the concept of procedural due process with particular reference to the Supreme Court's…