Recently added articles from Journal of Law and Education:
Representative Tension: Student Religious Speech and the Public School's Institutional Mission
Jan 01, 2009; ... I. INTRODUCTION When 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 to coexist within the school ...
Counterpoint Introduction- School Sex Surveys and Parental Consent
Jan 01, 2009; ... 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, that "the Meyer-Pierce due process right of ...
Parental Rights and Public School Curricula: Revisiting Mozert after 20 Years
Jan 01, 2009; ... I. INTRODUCTION A. The Mozert Litigation In 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 complained that the ...
Parents' Right to Direct Their Children's Education and Student Sex Surveys
Jan 01, 2009; ... 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' sensibilities, achieving shock value by ...
Recent Decisions- SUPREME COURT DECISIONS
Jan 01, 2009; ... Review Denied Decisions without published opinions in lower court DOCKET NO: 07-1341 NAME: Policastro v. Kontogiannis DATE: Oct. 6, 2008 CITATION: ___ S.Ct. ___ DOCKET NO: 08-116 NAME: Manbeck v. Katonah-Lewisboro School Dist. DATE: ...
Recent Decisions- PRIMARY & SECONDARY EDUCATION
Jan 01, 2009; ... Employment and Dismissal - Teachers Teacher 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. Held: For the board of ...
Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING
Jan 01, 2009; ... Employment and Dismissal - Faculty Assistant 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 application were followed, and the ...
Law Review- UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING
Jan 01, 2009; ... Articles Ann 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 of Torts (Third) section 40, ...
Law Review- PRIMARY & SECONDARY EDUCATION
Jan 01, 2009; ... Articles Danielle 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 that the most effective strategy for ...
Dispelling the Rational Basis for Homeschooler Exclusion from High School Interscholastic Athletics
Jan 01, 2009; ... I. INTRODUCTION The 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 of the homeschooling ...
Kentucky's No Pass-No Drive Statute: Flawed or Flawless?
Jan 01, 2009; ... I. INTRODUCTION Drop 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 or her driver's license revoked or ...
Coaches' Corner*- RECENT DECISIONS
Jan 01, 2009; ... Employment and Dismissal - Coaches Basketball 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 was that he was not to have ...
Knowing Where to Draw the Line: Ethical and Legal Standards for Best Classroom Practice
Jan 01, 2009; ... 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, Center for the Study of ...
Special Edition-Faith at the Schoolhouse Gate: Analyzing Religious Speech in Public Schools: Papers from the 2008 Annual Meeting of the American Association of Law Schools
Oct 01, 2008; ... In this volume and in the January 2009 edition of the Journal, we will publish four articles based on papers selected for presentation at the American Association of Law Schools 2008 Annual Meeting. The papers were selected after the AALS Section on Education Law and Section on Law and Religion ...
A Post-Morse Framework for Students' Potentially Hurtful Speech (Religious and Otherwise)
Oct 01, 2008; ... After the Supreme Court granted certiorari in Morse v. Frederick1 in December of 2006, it received an unusual mix of amicus briefs in support of ACLU-represented high school senior Joseph Frederick. Frederick, who had sued his principal after being suspended for waving a banner stating "Bong ...
Privileging and Protecting Schoolhouse Religion
Oct 01, 2008; ... I. INTRODUCTION To what extent does federal law protect public school students from religious discrimination? Intuitively, one would expect children victimized by religious hate, bias, and other discrimination to enjoy the apex of protections afforded under our constitutional system ....
Recent Decisions-SUPREME COURT DECISIONS
Oct 01, 2008; ... Education Law Cases Carried Over from Supreme Court's 2007-2008 docket. Cert. Granted DOCKET NO: 07-1125 NAME: Fitzgerald v. Barnstable School Committee DECISION BELOW: 504 F.3d 165 REVIEW GRANTED: 128 S.Ct. 2903 (June 9, 2008) Cert ....
Recent Decisions-PRIMARY & SECONDARY EDUCATION
Oct 01, 2008; ... Employment and Dismissal - Teachers African-American substitute teacher sued school district complaining of racial discrimination. District allegedly refused to pay teacher the regular salary for a long term substitute, denied teacher listing as a substitute teacher, and retaliated ...
INSIDE GREEK U.: FRATERNITIES, SORORITIES, AND THE PURSUIT OF PLEASURE, POWER, AND PRESTIGE
Oct 01, 2008; ... INSIDE GREEK U.: FRATERNITIES, SORORITIES, AND THE PURSUIT OF PLEASURE, POWER, AND PRESTIGE. Alan D. DeSantis. UNIVERSITY PRESS OF KENTUCKY, LEXINGTON, KY. 2007. 264 PAGES. $40.00. CLOTH. ISBN-13: 978-0813124681. Reviewed by Robert M. Jarvis* Researchers are beginning to take ...
Left Behind: Low-Income Students Under the No Child Left Behind Act (NCLB)
Oct 01, 2008; ... I. INTRODUCTION While the enactment of the No Child Left Behind Act (NCLB) of 2001 attempts to "ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education,"1 the consequences of the statute may instead deny access to adequate education for ...