Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

Information to aid the school-law specialist in handling transportation issues is provided in this handbook. Following an introduction, section 2 discusses the school's liability for transportation decisions, including school bus safety requirements, selection of transportation, the care owed to students, and school defenses in transportation…

Education law changes rapidly, making it difficult to understand and administer. Even when it is understood, school boards and administrators often must make legal decisions contrary to their own value systems. One way to lessen these conflicts is preventive law, the voluntary revision of school district policies and procedures to lessen or…

The chronic mentally ill experience substantially higher rates of HIV infection than the general population. This paper examines the problems which confront the chronic mentally ill and society at large. Discussed are the questions of whether or not psychiatric patients should be excepted, due to their cognitive and behavioral impairments, from…

This paper addresses application of the Doctrine of Exhaustion of Administrative Remedies (the legal doctrine that a party may not seek judicial relief for supposed or threatened injuries until the prescribed administrative remedies have been exhausted), in relation to cases brought under the Education for All Handicapped Children Act of 1975…

The school's responsibility to provide a safe learning environment for students is examined in this paper. Failure to take preventative measures may result in loss of government tort immunity and charges of negligence liability. A review of case law indicates a trend toward successful litigation by plaintiffs against school districts--a decline in…

Notes that people all over the world who are sufficiently motivated by what they think is an injustice go to great lengths to find a way to right a wrong. Whether the forums they seek out are judicial or extra-judicial varies among societies and is directly related to what forums are available and how they operate. (Author/AM)

The nature of tenure rights is examined with reference to a number of court cases. It is observed that the trend to negotiate tenure will probably continue, and the prediction is made that the principle of exclusivity will apply to collective bargaining in higher education, thus limiting individual faculty contracts. (JT)

Section 2000e-16 of the Equal Employment Opportunity Act of 1972 adopted the provisions of President Nixon's 1969 executive order barring discrimination in federal employment and added a provision for judicial review. The author reviews the various conflicting judicial decisions regarding the retroactivity of section 2000e-16. (JT)

Affirmative action is seen as causing dissension and cleavages in the civil rights coalition. Requisites suggested for winning support for affirmative action are thorough knowledge of its rationale and components, assuring whites they will not be pushed out of jobs, and a continued emphasis on the urgency for affirmative action. (Author/AM)

Note that judgments about the relationship of test items to actual job duties have generally been made as a single comparison, proposes a model for analyzing the accuracy of translations for each step of the process of test development for use in personnel administration, and suggests scaling procedures appropriate for the various judgments. (JM)

Presents three cases based on actual federal court litigation to illustrate the problems involved in whether to set goals or quotas in affirmative action programs, discusses how she would adjuciate them if she were the presiding judge, and examines the issues involved in an attempt to clarify the areas of disagreement in the controversies over…

This paper has two stated purposes: to examine some of the complexities that are ignored in the explicit agenda of licensing advocates, which advowedly focuses on the public's interests in "meritocratic" criteria; and to examine some of the simplifications in the hidden agenda, in which the structure of employment opportunities is exploited by…

Based on research findings, author recommends training of medical staff on how to identify child abuse cases and how to report latter to appropriate agencies. Legal rights and responsibilities should be explained for both hospital administrators and medical staff. An interdisciplinary approach to treatment of child abuse cases is advocated. (SE)

In response to the question of what role the courts will play in higher education in the next decade, three broad areas of litigation are discussed: allocation of resources, access to the benefits of higher education, and participation in the making of academic decisions. (JT)