Journal of Law and Education

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

Articles from Vol. 30, No. 2, April

A Review of the Past Decade of Labor Relations in Education-Seeds of Change in the Future-An Introduction
Not only is it fun to look at what has occurred over a past period of time, but sometimes it is edifying to recognize changes occurring but not appreciated for their impact on the future. This is the case of labor relations in education when you look...
From the Heart of the Church, the Colleges, or the Commentators?
In the April 2000 issue of the Journal, professor King Alexander and his brother Minton concluded that the Pope's issuance of Ex Corde Ecclesiae poses grave legal problems for Roman Catholic institutions of higher education.1 This 1990 document provides...
From the Statehouse to the Schoolhouse: How Legislatures and Courts Shaped Labor Relations for Public Education Employees during the Last Decade
I. INTRODUCTION During the last decade, the public cry for education reform has been a driving force in shaping labor relations for education employees. Many people believe that the public schools, especially those in large urban school districts, are...
Getting Comfortable with Special Education: A Framework for Working with Children with Disabilities
GETTING COMFORTABLE WITH SPECIAL EDUCATION: A FRAMEWORK FOR WORKING WITH CHILDREN WITH DISABILITIES Dixie Snow Huefner, Christopher Gordon Publishers, Inc., Norwood, Massachusetts, 2000, 334 pages. Special education law is at the forefront of activity...
Hazing in High Schools: Ending the Hidden Tradition
Hazing in High Schools: Ending the Hidden Tradition I. Introduction On August 14, 1996, the first day of classes at Lamar High School in Arlington, Texas, eleven juniors and seniors took six sophomores to a field away from the school campus and hazed...
Law Review Digests-Primary and Secondary Education
Student note, Sheff v. O'Neill: The Consequence of Educational Table-Scraps for the Poor Urban Minority Schools, 27 FORDHAM URB. L.J. 1903 (2000). Inferior education is a genuine detriment suffered by urban minority students. The integration theory proposed...
Past and Future Trends Affecting K-12 Employment Relations: A Management Perspective
Looking back at the educational reform movement that was spawned in large part by the publication of A Nation At Risk in 1983, it is possible to see that there have been three broad waves of educational reform.1 The first wave involved setting and maintaining...
Recent Developments-Learning Disabilities
Parents of autistic student challenged school district's individualized educational program. The Individuals with Disabilities Act requires states to provide disabled students with free appropriate education. The parents felt a different type of therapy...
Recent Developments-Primary and Secondary Education
Primary and Secondary Education Constitutional Claims and Civil Rights Student and parents sued school alleging violations of various constitutional rights. A student created a website containing threatening and derogatory comments about the school principal...
Recent Developments-Supreme Court Review
Review Denied Decisions without published opinions in the lower court: DOCKET NO.: 00-325 NAME: Wendt v. University of Illinois DATE: Oct. 30, 2000 CITATION: cert. denied, 121 S.Ct. 383 (2000) DOCKET NO.: 00-314 NAME: Ahuja v. University of California...
Recent Developments-Universities and Other Institutions of Higher Learning
Student Rights and Responsibilities Dyslexic student sued medical school alleging inadequate testing procedures. Under the Rehabilitation Act, reasonable accommodations are required when a disabled student would otherwise be denied meaningful access...
Special Education and High Stakes Testing for High School Graduation: An Analysis of Current Law and Policy
INTRODUCTION This past Spring, an Indiana Superior Court judge refused to grant a preliminary injunction that would have barred the state from withholding a high school diploma from each of the more than 1,000 diploma-track seniors with identified disabilities...
The Constitutional Vitality of Ex Corde Ecclesiae and a Response to the Alexander's Despair
Despair. The Alexanders are in understandable despair. Their essay, The Reassertion of Church Doctrine in American Higher Education: The Legal and Fiscal Implications of the Ex Corde Ecclesiae for Catholic Colleges and Universities in the United States,'...
The Courts and Academia: Tenure Discrimination Claims against Colleges and Universities
In recent years, an increasing number of professors have sued universities and colleges on the grounds that they were denied tenure because of their gender or race. The number of tenure discrimination claims against universities more than tripled between...
The Top Ten Judicial Decisions Affecting Labor Relations in Public Education during the Decade of the 1990's: The Verdict of Quiescent Years
Was there ever a society so infatuated with the drawing up of lists? Whole forests have been destroyed so that we can avidly consume the latest "top ten" in every conceivable category from the "worst dressed" to the "best colleges." There can, of course,...
When Schools Compete: A Cautionary Tale
WHEN SCHOOLS COMPLETE: A CAUTIONARY TALE. Edward B. Fiske and Helen F. Ladd. Washington, D.C.: Brookings Institution Press. 2000. 342 pages. Reviewed by Bill J. Johnston* and Kaye Pepper*** Educators in the United States, as in other countries, are constantly...
"Zero Tolerance" for Free Speech
I. Introduction In the aftermath of the violence that has recently taken place in America's schools has come a resurgence in a "zero tolerance" attitude by school administrators. At first, "zero tolerance" policies were initiated as a means to combat...
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