This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

Brian Lindsay, a chemistry major, participated in a summer research program at St. Olaf College. The 10-week program required him to work in a laboratory under the direction of a chemistry professor. Lindsay received a $3,500 stipend and free housing. On July 11, 2002, he was performing a procedure to clean, or "quench," a flask. The…

A Texas court's recent ruling that allowed a negligence lawsuit to proceed against 12 former administrators at Texas A&M University has some higher-education legal experts concerned about campus officials' liability in a variety of situations, including fraternity initiations, housing accidents, and student suicides. The decision was in favor…

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

In November 2002, Chief Judge Judith Kaye attended the National Adoption Day festivities in Albany County and New York County (Manhattan). Although pleased that 600 adoptions were being finalized statewide on this special day, she was concerned to learn more than 6,000 other children were free for adoption but had not yet found permanent families.…

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,…

Twenty-three-year-old Cristina Moreno traveled from Spain to California for her honeymoon in 2000. As part of her visit, she rode the Indiana Jones amusement ride at Disneyland with her new husband. On June 25, 2000, she suffered a brain injury, and she eventually died on September 1, 2000, as a result of injuries allegedly sustained while riding…

Twenty-five years ago, law suits seeking recovery against the individual resources of school board members were virtually unheard of. Now, personal judgments impacting upon the individual resources of board members are commonplace. The legal developments that have contributed to this rather sudden change of circumstances are explained in this…

A case summary and accompanying question-and-answer discussion reveals that principals continue to be not only defendants but also plaintiffs in cases involving the reporting of suspected child abuse. (Contains 10 references.) (Author/MLF)

Predictions of death for educational malpractice may be premature. A shift in legal reasoning by the California Supreme Court and the Los Angeles School District's educational guarantee policy might influence future courts to look more favorably upon the claims of educationally impaired plaintiffs. (MLF)

This article discusses some of the options and strategies available to school districts in defending dress codes which mandate uniforms. Three components are essential to a successful defense: the dress code must bear a reasonable relation to the school's pedagogical purpose, it must include alternative avenues of expression, and it must…

Reviews the contractual relationship between students and higher education institutions and discusses how courts have interpreted this relationship in deciding legal challenges to college catalogs. Recommends 12 guidelines to help colleges minimize their risks of breach of contract litigation. (Author/RW)

Cites four cases illustrating that college institutions and individual administrators who fail to take adequate protective steps or give adequate warning of risks may be liable, in damage suits, to student victims of subsequent campus criminal activities. (MLF)

Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

A Colorado Supreme Court ruling rejecting a student's liability claim for an injury sustained in a fraternity house is the second this year in which a court found no special university responsibility to protect student safety in private activities. (MSE)