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,…

A summary of two countervailing trends in court decisions indicates that journalist's privilege is in a state of change and uncertainty in the early 1980s. Although 26 states have statutory shield laws enabling reporters to conceal their confidential news sources, even in these states reporters are sometimes called upon to reveal confidential…

The University of Minnesota Law School and the Minnesota Supreme Court Office of Continuing Education for State Court Personnel have developed a judicial trial skills program using videotaped simulated trials designed to present participating judges with numerous evidentiary and trial relationship issues. (MSE)

Both state supreme courts and the U.S. Supreme Court won't back down from giving kids the due process protections once reserved for adults. Specific cases are discussed. (RM)

In any discussion over what reform measures can best close the achievement gap between white and minority children, one cannot ignore what the courts have had to say about the issue. Advocates have historically used the court system to require elected branches of government to increase education spending and resources, even when the political will…

In 2002, the Supreme court upheld an Ohio school choice program designed to help children leave Cleveland's failing public schools. This paper explains the history of the Cleveland program upheld in Zelman v. Simmons-Harris, describing the rules that the Supreme Court established for school choice. It includes examples and strategy to help…

An analysis of the routine activities of interest group lawyers involved in the Mississippi civil rights movement revealed that (1) while the lawyers preferred the federal courts as an arena for litigation, most work was done in state and local tribunals and (2) they served as a legal aid society. (Author/RM)

From the 1940s to the 1970s, the numbers and outcomes of court decisions escalated dramatically in favor of students, employees, and other individuals suing school districts. Today, the overall trend of education litigation favors school officials. The single exception is the category for special education. Since passage of the original special…

The Individuals with Disabilities Education Act (IDEA) does not contain a statute of limitations for filing a lawsuit. Presents a state-by-state analysis of the statutes of limitations courts have borrowed from the respective states for lawsuits appealing administrative decisions and independent actions to recover attorney fees under IDEA. (55…

Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

The perception of an "explosion" of education litigation expressed by federal officials and by the relevant literature is incorrect. Summarizes the findings of previous research and of the present study to answer the frequency question, and reveals findings as to United States Supreme Court decisions. (MLF)

The Supreme Court of Tennessee, in "Tennessee Small School Systems, Inc. v. McWherter," declared that Tennessee's method of financing its public schools violated the state constitution. The court's mode of analysis relies on the state equal protection clause rather than the state education clause. Examines implications for school finance…

Extensive review of the research literature on the impact of school finance litigation on finance reform. Classifies 200 studies reviewed into four groups: general literature, single-state studies, multi-state studies, and direct litigation-effect studies. Concludes that litigation contributed to higher levels of school funding. (Contains 113…

Discusses Wisconsin case involving an eighth-grade student who gave his teacher a creative writing assignment that contained language that she perceived to be a threat. Student was given an in-school suspension and charged with disorderly conduct by the police. The Wisconsin Supreme Court overturned the appellate court ruling upholding the…

Questions the effectiveness of the widespread use of zero-tolerance policies enacted by school boards to punish students who violate weapon and drug rules. Suggests that enforcement of zero-tolerance policies has not been equitable. Reviews proposal for alternative to zero tolerance. (PKP)