Demonstrates the importance of extra-legal texts in contextualizing and challenging judicial authority by analyzing Black Abolitionist responses to "Scott v. Sandford" (the "Dred Scott" decision). Concludes that responses to Dred Scott demonstrate how legally excluded classes may persuasively challenge constitutional authority…

Uses J.W. Carey's transmission and ritual communication models to illustrate harms caused by hate speech. Examines legal precedent for the ritual model, but suggests that courts more often adopt the transmission model. Argues that, although the ritual model points to a different, long-term harm caused by hate speech, its adoption raises troubling…

Failure to prevent indoor air quality problems or act promptly can result in increased chances for long- or short-term health problems for staff and students, reduced productivity, faster plant deterioration, and strained school-community relations. Basic pollution control measures include source management, local exhausts, ventilation, exposure…

Explores the exemplar and nexus arguments structuring the debate on acceptable teacher conduct outside the classroom. The exemplar argument holds teachers to a mandatory role model standard. The nexus argument views teachers' private acts as protected unless job performance is affected. While nexus (via court litigation) has protected teachers'…

Discusses facets of a good working relationship between a school board and its attorney. Items to consider include (1) knowing when to call counsel and who should call; (2) separating legal advice from policy opinions; and (3) routinely reviewing the attorney's service to the board. (MLF)

Autonomy is the right of self-determination and self-governance of higher education institutions by independent academic boards without state government control. In "Sweezy v. New Hampshire," the U.S. Supreme Court defined a college's four essential freedoms: to determine who may teach, what may be taught and how, and who may be admitted…

Although constitutional limits usually apply only to public institutions, contract law applies to both public and private institutions. By assuming that institutions will be held accountable for all official statements and that public institutions need an informal process ready for certain situations, schools can garner some legal protection.…

Suggests management strategies designed to prevent complaints of child abuse in day care facilities and procedures to follow if a complaint is filed. Article is third in a four-part series. (RJC)

Recent studies indicate that sexual harassment in schools is pervasive. Verbal harassment (degrading epithets, comments, and allusions) is most prevalent, but girls are also disturbed by physical manifestations. Harassing behavior affects school atmosphere and students' educational choices. Issues involving cultural diversity, free speech, false…

Reviews existing research about the scope and consequences of child abuse and neglect, and addresses methodological issues pertinent to research, including definition of the problem, study design, and issues of causality and bias. Concludes with a discussion of ethical and legal issues related to such research. (JPS)

The use of facilitated communication with individuals with severe disabilities in court cases is examined in light of tendencies of the legal system to distort clinical and scientific innovations. Examples are offered, and the issues of the admissibility of scientific and clinical innovations and the trial judge's authority to qualify expert…

Offers information and observations on six areas of legal concern in circumstances where tenure is denied and the individual decides to contest the decision. Advises making the tough decisions early in the process, following the established process, and being as clear as possible in intentions and communication. (SR)

Discusses issues regarding the superintendent, the school board, and free speech as raised in the case of Kinsey v. Salado Independent School District. Discuss the three different judgments in this case as it went through appeals, and their differing views of this relationship. (SR)

The Wilkinsburg (Pennsylvania) School Board's decision to hire Alternative Public Schools, a private company, to manage a failing elementary school has alienated the teacher union and many town residents. If teachers lose their court challenge, Turner School will become the only U.S. public school to be both privately staffed and managed. (MLH)

College and universities that invested in the Foundation for New Era Philanthropy, now bankrupt, now find they were taken in by the organization's investment claims. Suits are being filed on behalf of investors and by the Securities and Exchange Commission, claiming fraud. Even institutions not investing in the charity may learn from the…