Florida's voucher program for students in the lowest-rated public schools is unconstitutional, the state supreme court ruled early January 2006 in a 5-2 decision that friends and foes of private school choice are scrutinizing for its potential impact on voucher debates nationwide. Chief Justice Barbara J. Pariente of the Florida Supreme Court…

This report was written to provide current information on the existence of medical malpractice problems and the need for federal involvement and alternatives for resolving malpractice claims. It presents the perceptions of respondents from 37 nationally based organizations representing medical, legal, insurance, and consumer interests who…

Concludes that while reporters consider coverage of state appellate courts adequate, justices said that the court was not covered as well as other state agencies. (RB)

In "San Antonio Independent School District v. Rodriguez" (1973), the U.S. Supreme Court ruled that the Texas school finance system did not violate the Fourteenth Amendment and that education was not a fundamental right deserving of strict judicial scrutiny. This paper discusses various school financing schemes recently challenged in…

The primary responsibility for the financing of U.S. primary and secondary education rests with state and local governments. In 1970-1971, local governments had, by far, the greatest role in education financing, providing 52.5% of the total education revenue. State governments contributed 39.1% of total education revenue. Since the early 1970s,…

As an applied discipline based on evidence and guided by economic principles, the ultimate aims of the economics of education should be to influence outside opinion and shape policy. In a major court case based heavily on the economics of education, it can be seen how this knowledge base was interpreted by the New York Supreme Court on…

Argues for a consistent approach to determining when Section 1983 litigation may follow state proceedings. Provides guidelines similar to those applied in habeas corpus proceedings for deciding when federal action will be barred. Available from UCLA Law Review, 405 Hilgard Ave., Los Angeles, CA 90024. (IRT)

Courts are being asked to determine the legality, according to state constitutions, of various methodologies of financing public education. The first of two articles addresses finance issues raised in five selected states during the last three years. (18 notes) (MLF)

Discusses basis for Kentucky appellate court decision that state's no-pass, no-drive statute did not violate due-process and equal-protection clauses of the Kentucky and federal constitutions, but did violate the federal Family Education Rights and Privacy Act, but nevertheless did not invalidate the statute. Explains why the decision is…

A considerable body of scholarship has examined the history of compulsory attendance in the United States in an effort to explain why compulsory attendance laws were enacted, what effects they had on school attendance rates, and what made enforcement of these laws effective eventually. Recent research has revealed that some long-standing…

For most people, law and the courts are veiled in mystery. Even though the law is made by legislators elected by the public and interpreted by judges chosen directly or indirectly by the public, and even though great strides have been made in making the law and its special language more understandable to people, the general public is still often…

This sixth chapter in a book on school law provides a general overview of the religion clauses of the First Amendment and reviews the cases in which the issue of evolution versus creationism has been decided from the Scopes trial to the present. Rulings related to the Establishment Clause of the Constitution are discussed and the "three-part…

A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)

Examines restitution as a promising, logical, and effective means of achieving the dual goals of deterrance and punishment. Surveys suggested strong support for juvenile restitution. Data showed that the most common form of restitution is money payments; however, there remains much disagreement as to the amount of restitution required. (JAC)

This survey of the current literature includes 79 annotations reviewing articles relating to educational law. The bibliography is organized under 19 topic areas. (MD)