As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

Educational leaders are bound by legal and ethical imperatives to make certain that all children have access to an education and the opportunity to learn. To better understand how law and ethics intersect, this article adopted the cultural study perspective to analyze U.S. Supreme Court opinions for language revealing the intersection of law and…

This guide is designed as a reference for District and School personnel working with English learners (ELs). The content of the guide represents a compilation of information, examples, and resources. This guide is a living document and subject to frequent updates. It is recommended to review the document online rather than printing a hard copy.

Although medical malpractice suits are based on a model of treatment of an individual by a professional, educational malpractice suits are based on a group treatment model. When the medical model and the teaching model are compared, the contrasts are so great that medical malpractice principles are not a reliable guide to the emerging law of…

The case of a school district refusing to supply an interpreter for an above-average student with a hearing impairment is used as a point of departure for this discussion of a framework for ethical deliberation and the special role-related obligations that help define the ethics of special education. (PB)

For educators in the field of higher education and judicial affairs, issues are growing. Campus adjudicators must somehow maximize every opportunity for student education and development in the context of declining resources and increasing expectations of public accountability. Numbers of student misconduct cases, including matters of violence and…

Scientific, legal, and legislative roles in the interaction of science and society are examined in the context of the use of technical measures related to intoxication. The case is examined in detail as a model of the way in which the relationship is regulated. (AL)

Following the alcohol-related death of a student at Western Washington University in 1984, the National Association of Student Personnel Administrators (NASPA), initiated a study of guidelines for dealing with alcohol on college and university campuses nationwide. Suggestions are made for establishing effective policies and opening lines of…

In the goal-accountability model, the board of trustees bears ultimate responsibility for the setting of goals by which intra-university behavior is to be measured. By making decisions consistent with its educational role in a fair, open, responsive, and responsible manner, the university can demonstrate its moral and legal accountability.…

Examines the law regarding sexual harassment and presents a model designed to both reduce the incidence of sexual harassment in the workplace and resolve the complaints that may arise. (Author/MLF)

The 20 years following the "New York Times v. Sullivan" Supreme Court decision have seen an accelerating erosion of the protection necessary for the press to perform its function. The erosion has occurred in part because of unfavorable decisions of the substantive law. But in a very large measure it has also been because of uncertain and…

Colleges and universities can employ several statutory defenses to alleged pay disparities and demonstrate that there are legitimate reasons for pay differentials. Several preventive strategies in response to the emerging legal terrain of equal pay litigation are suggested. (Author/MLW)

The contrasts between the medical model and the teaching model in public education are so great that medical malpractice principles are not a reliable guide to an emerging law of educational malpractice. (Author/IRT)

Education, the most visible of local government functions, is often the center of a societal climate in which the protection of individual rights is not only expected but also demanded. Governing boards and administrators must deal with conflict and bring about acceptable solutions. Since 1950 education has experienced a significant increase in…

Suggests that storytelling is the communicational practice used by jurors to organize information, transmit intragroup understanding and guide judgments. Explores the storytelling process for answers to questions about justice. (MH)