Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

On December 21, 1911, Fremont Weeks, an employee of the Adams Express Company, was arrested while on the job at Union Station in Kansas City, Missouri. Police suspected that Weeks was selling and "transmitting chances" in a lottery, which at the time was considered gambling, an illegal action in Missouri. While Weeks was being held at…

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

Public schools, since their founding in America in 1647, have reflected the demographic characteristics of the communities in which they are located. Because the United States has, until recently, been mostly Protestant Christian, many schooling practices have built upon the values of this faith. Pupils have sung Christmas songs at Christmas…

The United States Supreme Court recently rendered a decision in the "Collins v. City of Harker Heights" case, which addressed the liability of public entities for alleged "constitutional torts." Discusses the precursors of "Collins," analyzes the decision itself, and discusses the various elements that must be…

In 2001, a federal appeals court upheld the job termination of a counselor who requested being excused from counseling a lesbian client on relationship issues because homosexuality conflicted with the counselor's religious beliefs ("Bruff v. North Mississippi Health Services, Inc.," 2001). This article provides the facts of the case and the legal…

Public officials are required to prove actual malice before they can win damages in libel actions. Reviews the Supreme Court's decisions regarding public persons and teachers and lower courts' conflicting rulings that teachers are public officials and that teachers are not public officials. (MLF)

If a suit is brought as a class action, either plaintiff or defendant may move to uphold or challenge class certification. If neither does so, the court decides whether the action may be maintained as a class suit. Prerequisites for class certification from Rule 23 (Federal Rules of Civil Procedure) are explained. (TE)

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)

This chapter on liability covers a number of cases alleging negligence by colleges, universities, and university hospitals filed by patients and injured students. Liability issues are also part of defamation of character suits. Oral statements are known as slander, while written statements which defame are called libel. In certain situations,…

Seventh Circuit cases are examined that have considered the question of whether "state action" is present as stated in section 1983 of the Civil Rights Act of 1871. Standards used by the Seventh Circuit to determine the existence of "state action" are also analyzed. (LBH)

Implied remedies, recognized in a wide variety of statutory contexts, play a proper role in state court and federal agency forums; but preemption and agency discretion doctrines limit federal review of denials of implied remedies. Chronic failure of such forums to recognize the federal statutory right may be a proper factor supporting direct…

Analyzes the state of the law regarding peer sexual harassment. In "Davis" the Supreme Court ruled that a school district can be held liable for a student's sexual harassment of another student. Prior to this, lower courts were not uniform in their treatment of this charge. (Contains 47 references.) (MLF)