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…

Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…

The current study was funded by the Minnesota Agricultural Experiment Station, Project 53-054 Decision Making Integral to Relationship Transitions in Families. The perspectives presented in the paper do not represent views of the funding agency and errors remain the sole responsibility of the author. This article is a major revision of a…

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)

Explores the background of open records acts and discusses the case law that deals with open records litigation against university foundations. Sets forth a summary of selected academic research that has developed on the open records question and suggests several methods of analyzing foundation open records problems. Concludes with recommendations…

Analyzes South Dakota Supreme Court decision reversing school board's dismissal for incompetence of fifth-grade teacher for answering boys' questions about homosexual sex in explicit language. Court held that teacher's singular incident involving indiscreet answers was not sufficient to support charge of incompetence nor was the board policy…

To determine the frequency of reported litigation in higher education, a WESTLAW search of the institutional, employees, and student categories under the topic "Colleges and Universities" was conducted. The institutional cases declined notably in the 1980s while the employee and student cases increased slightly. (MLF)

Analyzes 12 Utah Supreme Court cases. Finds that syllogistic objectivity was prevalent but that dialectical objectivity could be facilitated by legal requirements or judicial involvement. Finds that judicial involvement could be facilitated by publicity, the importance of the legal issue, and/or an appointment system of judge selection. (SR)

A stakeholder-focused approach to the assessment of racial/ethnic bias and gender bias in the Michigan State Court system is presented. The approach ensures that findings are used to improve the court's response to attorneys and litigants. The process should help evaluators work with client groups involved in politically charged issues. (TJH)

During its 1993 session, the Michigan legislature enacted two statutes for the organization and operation of public school academies, Michigan's name for charter schools. A circuit court judge declared the charter schools were unconstitutional. In response, the legislature amended its original enactment. Traces the short but curious history of…