Journal of Law and Education

Journal providing news and research regarding education administration and legal issues.

Articles from Vol. 38, No. 1, January

Coaches' Corner*- RECENT DECISIONS
Employment and Dismissal - CoachesBasketball coach sued school board claiming wrongful termination. Coach had been reprimanded for previous incidents of verbal abuse of athletes and had been placed on probation by school board. A condition of his probation...
Counterpoint Introduction- School Sex Surveys and Parental Consent
In the April 2008 edition of the Journal, attorney Tara Dahl criticized the Ninth Circuit court's decision in Fields v. Palmdale School District' as "incorrectly decided."2 In Fields, the Ninth Circuit held, as amended upon denying a rehearing en banc,...
Dispelling the Rational Basis for Homeschooler Exclusion from High School Interscholastic Athletics
I. INTRODUCTIONThe United States has long embraced a tradition of strong parental involvement in the educational development of our children, and it is not surprising that the concept of homeschooling is as old as the nation itself. However, as the existence...
Kentucky's No Pass-No Drive Statute: Flawed or Flawless?
I. INTRODUCTIONDrop out of school, and you might as well drop your car keys. In Kentucky, under its latest revision of its No Pass-No Drive law,1 any student (under 18) who drops out of school or is declared to be academically deficient will have his...
Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice
Mary Ann Manos (2007), Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice. Lanham, Maryland: Rowman & Littlefield Education, 150 pp.Reviewed by Richard Fossey, J. D., Ed.D., Professor and Senior Policy Researcher,...
Law Review- PRIMARY & SECONDARY EDUCATION
ArticlesDanielle N. Boaz, Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children, 7 Conn. Pub. Int. LJ. 1 (2007). This article confronts the assumption...
Law Review- UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
ArticlesAnn MacLean Massie, Suicide on Campus: The Appropriate Legal Responsibility of College Personnel, 91 Marq. L. Rev. 625 (2008). This article argues for the adoption of an amendment to the Restatement of Torts (Second) section 314A, or Restatement...
Parental Rights and Public School Curricula: Revisiting Mozert after 20 Years
I. INTRODUCTIONA. The Mozert LitigationIn fall of 1983, the Hawkins County, Tennessee Board of Education (Board) adopted new reading textbooks for use throughout the district.1 Upon reviewing the new readers, a number of fundamentalist Christian parents...
Parents' Right to Direct Their Children's Education and Student Sex Surveys
Sex is a "hot-button" topic for many Americans, and exposure of students to sex-related information in American public schools is even more inflammatory, especially for parents of elementary school students. Commentator Tara Dahl played on these parents'...
Recent Decisions- PRIMARY & SECONDARY EDUCATION
Employment and Dismissal - TeachersTeacher appealed denial of worker 's compensation claim for general anxiety disorder (GAD) against board of education. Teacher who suffered from GAD filed a claim alleging that her disorder was caused by her occupation....
Recent Decisions- SUPREME COURT DECISIONS
Review DeniedDecisions without published opinions in lower courtDOCKET NO: 07-1341NAME: Policastro v. KontogiannisDATE: Oct. 6, 2008CITATION: ___ S.Ct. ___DOCKET NO: 08-116NAME: Manbeck v. Katonah-Lewisboro School Dist.DATE: Oct. 6, 2008CITATION: ___...
Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING
Employment and Dismissal - FacultyAssistant professor at nursing school sued university claiming breach of employment contract. Assistant professor applied for tenure and was denied. Held: For the university. Because the proper procedures for tenure...
Representative Tension: Student Religious Speech and the Public School's Institutional Mission
I. INTRODUCTIONWhen litigation erupts from students' interjection of statements of religious belief into school settings, courts face a clash between the school's conception of its institutional character and the multiple constituent identities attempting...

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