Analysis of 110 federal and state adjudication cases from 1950-89 revealed a substantial rise in disputes over financing medical education. Medical school graduates had little success in these cases. A need for counseling, particularly concerning consequences of timing in service obligations and of some loan programs, is seen. (Author/MSE)

This article examines the constitutionality of educational institutions using mandatory student fees to support controversial student groups, focusing on the implications of the Smith v. Regents of the University of California, in which the California Supreme Court held the assessment of mandatory fees unconstitutional if those fees support a…

Presents a chronological history of the conflict between the Wilkinsburg, Pennsylvania, teachers' union and the school board. The board hired Alternative Public Schools, Inc, to manage Turner Elementary Schools and gave the company permission to hire a new staff at Turner. The state supreme court has ruled in favor of the school district. (MLF)

This article concerns an issue that often remains implicit within the public debate about affirmative action and related race-conscious education policies: What role do contested moral ideals play in the disagreement about affirmative action? As background, the article first outlines what a moral disagreement is and then goes on to examine the…

The Maryland Gun Violence Act, enacted into law in 1996, explicitly authorized courts to order batterers to surrender their firearms through civil protective orders. It also vested law enforcement with the explicit authority to remove guns when responding to a domestic violence complaint. In order to assess how these laws were implemented, we…

The section of the Education for All Handicapped Children Act (P.L. 94-142) detailing "appropriate education" as a function of an Individualized Education Program (IEP) regulates a variety of educational considerations. Arguing that the IEP is in fact "the hub of the special education wheel," the authors of this document begin…

In this second annual volume is a comprehensive summary and analysis of all state and federal court cases involving higher education reported during 1977. The chapters have been authored by individuals who are experts in higher education law and specialists in their topics. Chapter topics include governance and finance, property, liability,…

The Indian Child Welfare Act of 1978 (I.C.W.A.) is federal legislation which preempts state law whenever Indian children may be removed from their families. The I.C.W.A. permits Indian tribal courts to decide the future of Indian children, establishes minimum federal standards for removal of Indian children from their families, requires that…

In a 1976 decision forbidding school boards to negotiate agreements with unions to share teacher tenure decisions (Cohoes City School District v. Cohoes Teachers Association), the New York State Court of Appeals assumed that boards actually make the tenure decisions. To test this assumption, researchers investigated the locus of decision-making in…

Major legal issues confront urban schools today, among them: (1) equal access of racial groups to quality education; (2) students' rights to due process; (3) teachers' rights to due process, academic freedom, collective bargaining, and promotion to administrative positions; (4) equal opportunity for those needing special education; (5) equal…

Through an examination of U.S. circuit, district, and Supreme Court school library censorship cases from 1972 to 1982 an attempt is made to discover whether school officials' actions and court officials' decisions show a reverence for the spirit of First Amendment freedom of expression guarantees. (MBR)

Discusses the differing legal issues involved when a teacher-coach wishes to retain a coaching assignment, in contrast to one who desires to relinquish it. Case law shows that the coaching position has no tenure and teacher-coaches can lose their teaching position when they request relief from coaching. (MLF)

Focuses on the legal framework that New Jersey has established that allows the state to assume responsibility for operating a school district that has been deemed unable or unwilling to meet minimum educational standards. Identifies some perceived deficiencies in the law and suggests some possible future directions. (71 footnotes) (MLF)

Discusses the effect of "Nero," holding that, where a college or university rents space to a student who has simply been accused of a criminal act, it may be held liable for subsequent criminal acts by that student. Argues for a middle ground of responsibility between the doctrine of "in loco parentis" and institutional…

This book offers an overview of educational finance law and examines constitutional challenges to state aid plans. Chapter 1 provides an introduction to education finance litigation, including the early history of education finance litigation and early education finance theory. Chapter 2 discusses the states' responsibilities for providing equal…