Author reviews court decisions that affect the schools. (Editor/CB)

The purpose of this simulation is to develop in students an awareness of a fundamental legal principle: that procedure is the essence of justice. (Author)

This document addresses the question of students being put into a position of double jeopardy--if they commit a civil offense, they are subject not only to trial by the public courts but are also subject to punishment by their educational institution. As a general rule, colleges and universities should not prosecute students for acts subject to…

Reexamines the common law precedent on student expulsions and suspensions and seeks to formulate a comprehensive doctrinal basis for common law judicial intervention that will realistically protect the rights of public and private university students alike. (Author)

Analyzes the validity of parietal rules under both the due process and equal protection clauses of the Fourteenth Amendment. Models of substantive due process and equal protection are developed and applied to the various types of parietal rules that have been implemented at universities throughout the nation. (Author/JT)

Chapter 6 of a book on school law attempts to identify and examine a few of the legal problems raised by minimum competency programs, which make successful performance on a standardized test a condition for receipt of a high school diploma. The three areas where minimum competency tests are most likely to be challenged are the equal protection and…

This note briefly outlines the legislative purposes and the general procedural requirements of Title VII, including the ambiguity of the time limitations on filing. It is suggested that the time limitations with the EEOC should not be rigidly construed and that tolling of the limitation periods is often justified. (Author/LBH)

Since Congress has enacted no statutes of limitations for the governance of claims brought under the older civil rights acts, various state limitation provisions must be applied. Aspects of the problem of uncertainty are examined, and several means of resolution are suggested. (LBH)

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

Three changes in trial procedure are proposed to minimize the effects of individual juror bias and those biases that are artifically induced by lawyers. Since certain personality types are likely to maintain whatever prejudices they bring to court, no one should be exempted from jury duty unless he is mentally retarded or physically incapacitated…

Office of Education regulations upon which "need" analysis for federal student financial aid subsidies is based are presented and analyzed and the legal issues discussed. It is concluded that legal analysis tends to support the constitutionality of the guidelines. Recommendations are made that would provide flexibility within the guidelines. (JT)

Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)

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…

Presents the opinions of nine professionals serving the justice system on the issue of providing representation in criminal and civil cases for those unable to pay for lawyers. Includes questions about the obligations of lawyers to provide counsel and the differences between legal representation in civil and criminal cases. (CFR)

Presents eight case studies of lawyers who work for legal aid societies or provide free legal services to poor people. Includes quotes by the attorneys describing specific cases and why they became involved in providing free legal counsel. (CFR)