In July 1993, the Michigan legislature did away with the local property tax as a source of operating revenue for the public schools. Analyzes the implications of Michigan's school finance and education reform for fiscal equity, with particular emphasis on constitutional guarantees, equal protection of the laws, and educational quality. (112…

School districts might be more vigilant in preventing and detecting sexual abuse by employees if the possibility of civil damages were more certain. Explores public policy issues surrounding a vicarious liability standard when school employees sexually abuse children in their care. (109 footnotes) (MLF)

Analyzes the California Supreme Court case "Randi W. v. Muroc Joint Unified School District." The court determined that letters of recommendation, which had omitted mentioning allegations of improper sexual conduct with students, were deceptively incomplete. Writers of letters have three choices: refuse to write a letter, write a fully…

Argues that educational justice requires that schools and educators take affirmative action to apply the principles of federal and state constitutional provisions, statutes, and cases to cyberspace (Internet) access. Describes demographics of "digital divide." Analyzes developing law of cyberspace and addresses its implications for law,…

Examines federal and state court decisions in school finance litigation involving the argument that education is a fundamental right with equal opportunity and equal protection. Outlines legal strategy for educational reform by arguing that surrogates for these concepts are state education laws requiring uniform, common or thorough, and efficient…

Examines the decision in Sheff versus O'Neill which ruled that the Governor of Connecticut, and other officials, had no obligation to remedy school segregation when the state did not foster or promote it. Selected text from the decision is provided, including the judge's response to the Connecticut Supreme Court's request for further factual…

In "Probst," the New Jersey Supreme Court permitted the Board of Education to keep a teacher off the salary schedule in the years following a one-year withheld increment. Explores the "Probst" issue and the way the Court's decision may well affect boards of education and teachers under the recent New Jersey legislation dealing…

Analyzes the recent New Jersey Supreme Court decision in "Scotch Plains" regarding binding arbitration procedures in collective bargaining agreements to settle disputes over the withholding of salary increments. Discusses the events leading up to the case and comments on possible future directions for such cases. (54 footnotes) (MLF)

Discusses a Kansas court case that addressed First Amendment rights of students when a book was banned from a school library. Topics include motivation of school board members, students' rights to information versus denial of access to ideas, viewpoint discrimination, and educational suitability. A sidebar presents viewpoints of the book's author.…

In "ACE," students from poorer districts sought remedy from the state court system for reprehensible conditions in their schools. Explains the "ACE" case in detail. Reviews House Bill 468, which was intended to remedy school finance problems in the state, and identifies some potential constitutional deficiencies in this remedy.…

The democratic imperative proclaims that an inequitable, inadequate education system is unacceptable. Exploring this imperative's implications for fiscal-equity reform, this article overviews 3 decades of legal trends in federal and state fiscal equity and educational adequacy litigation, examines adequacy's liberal ideological roots, and explains…

In 1983, Maryland's highest court rejected a constitutional challenge to the state's education finance system. In 1994, the American Civil Liberties Union and Baltimore City instituted new adequacy suits against the state. An eve-of-trial settlement provided a moderate school funding increase in return for changes in school governance structure.…

Section B of the Media and Law section of the proceedings contains the following nine papers: "The Professional Person as Libel Plaintiff: Reexamination of the Public Figure Doctrine" (Harry W. Stonecipher and Don Sneed); "The Anti-Federalists and Taxation under the Free Press Clause of the First Amendment" (Brad Thompson);…

After a decade of dormancy there is suddenly a great interest among educators and policy-makers in public school finance, spawned by: successful court decisions in several states overturning existing state public school finance formulas; a popular book alleging more severe educational segregation than in 1954; congressional proposals for school…

The history of and issues involved in the implementation of a tax appraisal program in West Virginia are highlighted in this paper, with a focus on taxation litigation since 1975. Efforts of the state legislature to implement a uniform tax system since the 1982 "Recht Decision," which found the state school funding system to be…