Reviewed are the most significant legal issues affecting labor relations in education. Concerns involving agency shop, duty of fair representation, impasse arbitration, tenure, and curriculum (what it should or should not contain) are summarized. (MD)

Within the purview of Title VII of the Civil Rights Act of 1964, legislation has specifically addressed testing practices. Reviews the historical perspective of employment testing, nonuniformity of lower court interpretations of Title VII, and Supreme Court decisions; and presents recommendations for administrators and legislators. (MLF)

Reviews the 1977 Supreme Court decision in "Ingraham vs. Wright." The court held that the cruel and unusual punishment clause of the Eighth Amendment and the procedural due process clause of the Fourteenth Amendment did not apply to corporal punishment in the public schools. (MD)

This survey of the current literature includes 79 annotations reviewing articles relating to educational law. The bibliography is organized under 19 topic areas. (MD)

Argues for a balance of copyright incentives more favorable to education: (1) introduces the dilemma of choice between infringing others' copyrights and observing legal procedure; (2) discusses Congress's accommodation of education under the Copyright Act of 1976; (3) describes a legislative solution; and (4) suggests statutory language for an…

In most cases, individuals filing for bankruptcy to discharge student loans are those who encountered difficult life circumstances, not middle-class college graduates who refused to pay for their education. Many courts have interpreted the Bankruptcy Code's "undue hardship" provisions too harshly and without compassion. (70 footnotes)…

Discusses a recent Fourth Circuit Court of Appeals decision that when individuals are allowed to try out for or join a team participating in a contact sport and operated for members of the other sex, then discrimination against because of their sex is prohibited by Title IX. (22 footnotes) (MLF)

Discusses two major barriers to successful legal challenges to denial of tenure based on allegations of gender or race discrimination: court deference to academic decision-making and the complexity of the process leading to the granting or denial of tenure. (PKP)

After reviewing the history of corporal punishment in schools, author discusses "Ingraham v. Wright," wherein the U.S. Supreme Court found that the use of corporal punishment in schools was not unconstitutional. Calls for the federal courts to ensure that a student's 14th Amendment liberty interest is protected when subjected to…

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)

Three federal court decisions dealing with use of public university and public school facilities for student religious activities are outlined. The court decisions illustrate a "capriciousness" in the application of the "public forum" and "impressionable youth" issues and leave many questions unanswered. (MD)

Tracing the development of school library controversies involving book removals, this article examines federal court cases including the Supreme Court's split decision in "Board of Education v. Pico." Outlined is how First Amendment principles have been used in the resolution of these cases. (MD)

Earlier, the Supreme Court of Canada upheld the conviction of a teacher who, within his teaching, was propagating anti-Jewish sentiments. Now, in "Attis v. The Board of School Trustees District No. 15," the Supreme Court decided that a teacher's off-duty activities, which propagate extreme or virulent views against a religious or ethnic…

Discusses current developments and recent litigation regarding sexual harassment of students by other students. Contends that, despite the discrepancy in recent circuit court decisions of different standards of liability in such cases, this uncertainty should not frighten school officials into abandoning their common sense. (24 footnotes) (MLF)

Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)