The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

We live in a culture where school systems are accused of being negligent or at fault for any undesired outcome. This can leave school districts and their employees anxious about potential consequences, regardless if the negligent claim is warranted or not. Therefore, there is a need for all educators to understand their responsibilities to provide…

There is probably no more difficult aspect of school-based mental health practice than navigating assessment, prevention, and postvention related to youth suicide. Although many schools follow best practices and respond appropriately, there are important lessons to be learned from cases that resulted in litigation. This article reviews key cases…

Institutional debt, also referred to as direct-to-school debt, is debt owed by students to their college or university for unpaid tuition, fees, room and board, education benefit overpayments, or fines. Unpaid tuition is the most common debt and can arise if a student enrolled with the expectation of aid that did not come through, or if a student…

Social media companies are increasingly being called to account for how their apps are affecting young people. Robert Kim explores "In re: Social Media Addiction," a lawsuit that combines multiple cases that have been brought against social media companies for their addictive effects. The cases illustrate the tension between product…

In this case the Court upheld the age-old doctrine of assumption of risk, affirming the inherent dangers of teeing off in golf. Despite a nasty trip on a tree root, the golfer was not entitled to recover for his injuries due to the primary assumption of the risk doctrine. This case sets a precedent for understanding the potential hazards of the…

Jennifer Bradley (plaintiff) was a junior year student athlete at the University in Washington, D.C. Bradley played field hockey for the university, and in September 2011, she was hit on the head during a field hockey game between the university and Richmond University. After that hit, she began experiencing symptoms of a concussion, but continued…

From the establishment of institutions of higher education in Colonial America until the 1970s, college administrators have acted "in loco parentis," or as legal guardians of students "in the place of parents." Under the legal regime of "in loco parentis," society and the legal system required school administrators to…

A girls' field hockey team coach instructed players to warm up in an area adjacent to the school's turf field, where the boys' soccer team was practicing. Plaintiff Morgan Dennehy, a member of the field hockey team, was struck at the base of her skull by an errant soccer ball. The plaintiff filed this suit against the coach, the school and others…

The case of "Pellham v. Let's Go Tubing, Inc." (2017) is the result of the plaintiff striking a fallen log in the river after he fell off an inner tube he had rented from the defendants. The plaintiff sustained a ruptured eardrum, lower-disk problems in his back, a radiating foot pain, and eventually a neck fusion. The plaintiff alleged…

Despite what some students believe, there is far more to business law education than mastering myriad legal rules governing business. In addition to learning the "rules," many business law instructors want students to obtain a basic understanding of legal analysis and judicial decision-making. This article provides guidance for…

The term "child find" refers to a district's ongoing obligation to evaluate upon reason to suspect a child may meet IDEA eligibility standards. This obligation consists of two components: a reasonable suspicion of eligibility and initiating the evaluation within a reasonable period of time. Because child find is a procedural matter, it…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

This article argues that, as tutors, we are bound not only by the rules of contract law (i.e., to avoid breaching the terms of that which was agreed to), but also by our duty of care, and the principles of human rights law that protect the right to education. We must strive to avoid negligent acts and any potentially harmful practices or policies.…

The Foreign Influence Transparency Scheme Act 2018 (FITS Act) requires persons or entities, including universities, who engage with the Australian political landscape on behalf of a foreign principal, to register under the scheme. The High Court of Australia's recent decision in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 may cause…