In 1960 legal activities became incorporated into a staff position, although leaders of the legal profession have been active in the American Association of University Professors (AAUP) since its founding. AAUP has filed approximately 77 briefs in the federal and state courts, all directed to advancing AAUP policies. (Author/MLW)

An analysis of litigation involving teachers in their relation to the public school system between the years 1965-1986 identified the issues that have generated over 4,000 lawsuits. The findings have public policy implications for state legislatures and teacher organizations. (MLF)

Focuses on the modern case-law intersection between state legislation for school districts that applies to reduction-in-force (RIF) and other state legislation that applies to collective bargaining. One conclusion is that the implementation of RIF is more likely to be negotiable and arbitrable than the reasons for RIF. (96 footnotes) (MLF)

Briefly outlines the development of the modern educational equity case, then focuses on the problems of legitimacy and judicial review that confront state courts when reviewing education legislation. Addresses the debate over whether courts can effectively define the right to education and create the remedy. Claims the 1993 cases offer a highly…

In May 1991 the Oregon Supreme Court, in "Coalition," went against the recent national trend and upheld Oregon's school finance scheme. Examines the Oregon decision and its implications for the future of school finance reform. (69 references) (MLF)

In "Durant v. State of Michigan," resulting in a $212 million settlement to 83 districts, the Michigan Supreme Court addressed state deficiencies in funding special education. This article examines implications of "Durant" for other educational programs. Michigan is still trying to shun responsibility for educating disabled…

In 1998, the Wisconsin State Supreme Court reversed the decision of the appellate court and ruled that the amended Milwaukee Parental Choice Program (MPCP) did not violate the Establishment Clause or the Wisconsin Constitution. Examines the constitutionality of vouchers for both secular and sectarian private schools, as well as the policy…

Discusses the legal precursor and political context for the Vermont state legislature's rapid enactment of the 1997 Equal Educational Opportunity Act, commonly know as Act 60, a radical and controversial school fiscal-equity-reform initiative. Describe public reaction and engagement. (Contains 138 references.) (PKP)

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

Describes Ohio's efforts to fund school facilities following a state court decision that Ohio Constitution required adequate facilities. Explores political and economic factors for relative success of state programs to fund school facilities. Despite these efforts, voter-approved bond issues remain the principal means of funding facilities. (PKP)

Analyzes complex Minnesota case wherein the state intermediate, appellate court upheld (2-1) juvenile court's order that a high school student expelled for making a bomb threat pay the district's tutoring costs and attorney's fees. (PKP)

Many states are looking at education vouchers and asking whether a market solution can improve the quality of public education. The answer partially depends on how government and religion will interact and whether states' constitutions or the religion clauses in the United States Constitution will permit voucher plans to include religious schools.…

This chapter summarizes a number of cases in which the Supreme Court has dealt with the separation of church and state question presented by the First Amendment. These include an Arkansas statute that excluded Darwinian theory from the high school science curriculum. The Court declared the statute unconstitutional because the exclusion was…

The authority that local school officials and state athletic and activity associations have over extracurricular activities is the subject of this survey of reported cases beginning in 1980. Legal developments are discussed in the areas of general transfer rules, transfers and private schools, ineligibility based on nonschool incidents, team and…

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…