The legalities around incidents in outdoor education (OE) are undeniable, and ignorance is not a defence. Using case study analysis specific to legal literacy, we extend this analysis to include the "7 Rights" framework and add two additional rights for consideration, referred to as the 9 Rights. This discussion organizes what is…

Child marriage in Tanzania is a critical human rights issue in Tanzania and around the globe. This article focuses on the legal structure of Tanzania to show that Tanzania's Law of Marriage Act, Sections 13 and 17, enacted in 1971, violates its constitution and obligations in international human rights treaties and the Universal Declaration of…

Aversive procedures such as seclusion and restraint are generally viewed as emergency only procedures in school settings. However, they are still used too often to respond to student behaviors in schools. The purpose of this scoping review was to determine which types of documents have been published in peer-reviewed journals, the degree of…

The presence of and request for assistance, service, and support animals has skyrocketed on college campuses in recent years. The purpose of this literature review is to explore potential benefits in the utilization of assistance animals within higher education, especially as it concerns disability service offices. It begins with an overview of…

This article examines corporal punishment in U.S. public schools, proposes a national conversation regarding its use, and advocates for a national policy to promote nonviolent discipline methods and prohibit corporal punishment of children in educational settings. The United States remains one of the few postmodern societies without a national…

As students who have intellectual disability reach or have reached the age of majority, concerns regarding their competence to make informed decisions are often raised, as is the issue of adult guardianship. Guardianship refers to when a judge appoints an adult to be the guardian of another adult (ward) who has been determined to be unable to care…

Education leaders are re-examining acceptable use policies in light of the increasing use of highly mobile information technologies. While acceptable use policies were developed to manage and control behaviour, a digital citizenship policy takes a more comprehensive approach by recognizing the important role of education in preparing digital…

This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators' legal responsibilities to intervene when such…

Gay, lesbian, bisexual, and transgendered (GLBT) public school educators' rights have not been clearly delineated by the courts. As such, the outcomes in legal controversies involving adverse employment consequences based on teachers' sexual orientation have varied somewhat across jurisdictions and have been decided on a case-by-case basis. To…

Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

Discusses the three types of tort action: intentional interference, strict liability, and negligence and offers guidelines for use by teachers in avoiding legal actions in tort. (FL)

Victims of child abuse and neglect and children of divorce need independent representation in court. States are required to provide representatives for all eligible children. Literature review identified three major barriers to effective representation: lack of qualified personnel, insufficient funding, and time and compensation constraints.…

This pamphlet analyzes the clash between higher education institutions' concerns for preserving the confidentiality of peer faculty review and the need for relevant evidence when a disappointed faculty member suspects that a negative tenure decision is infected with illegal bias. Until recently many institutions decided whether to give tenure to a…

Caselaw that functions as law until statutes are enacted has been characteristic of legal issues surrounding the HIV (Human Immunodeficiency Virus) and AIDS (Acquired Immune Deficiency Syndrome) diseases. In most cases such caselaw has protected the civil rights of persons with HIV/AIDS under established law as well as the traditions of Western…

The paper provides, in question and answer format, a summary of P.L. 99-372, the Handicapped Children's Protection Act of 1986. The law authorizes reimbursement of attorneys' fees to parents who prevail in administrative proceedings or court hearings. Legislation was needed because of a 1984 Supreme Court ruling (Smith v. Robinson) that…