In private law, fiduciary duties are in general linked to fiduciary relationships, i.e., when a fiduciary relationship exists, the parties are deemed to have corresponding fiduciary duties. However, this study shows that fiduciary relationships and fiduciary duties should not always be equated. This article seeks, first of all, to shed light on…

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…

Nation-states have concerns about the health and wellbeing of their citizens and these concerns have directly or indirectly influenced educational reform and curriculum development. In 2000, China issued a directive of 'Health First' which applied to all elements of the education system. In its scale and scope, this represented a significant and…

This article presents a social constructivist grounded theory of school principal legal learning. The author analyzed 10 interviews with K-12 school principals and 10 school law faculty documents to investigate how principals develop the knowledge and skills to address legal issues in schools. Two themes emerged. The first theme was source of…

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…

In today's data-sharing paradigm, personal data has become a valuable resource that intensifies the risk of unauthorized access and data breach. Increased data mining techniques used to analyze big data have posed significant risks to data security and privacy. Consequently, data breaches are a significant threat to individual privacy. Privacy is…

In "Rules for a Flat World", Hadfield argues that although the world is becoming increasingly connected and faster paced due to leaps in technological innovation, the prevailing legal systems -- established by governments and run almost exclusively by lawyers -- have not kept pace. They are increasingly proving ill suited for and…

Teachers are tasked with the important role of educating and empowering the Nation's youth. Although teaching is a rewarding vocation, teachers are subjected to risk and liabilities on a daily basis. The rising number of school-based litigation and the litigious nature of today's society bolster the need for teachers to abide and understand the…

Using data from twenty-one interviews conducted with student affairs practitioners within a constructivist grounded theory study, we examined how legal issues influence the daily work of student affairs professionals. Findings demonstrate that concerns about legal issues may intrude on student-centered practice, which participants identified as a…

U.S. higher education institutions and international educators have sought to improve the level of engagement and participation in education abroad among undergraduate college students as well as to diversify the types of available experiences and the students that benefit from them. Yet, this programmatic investment in international education and…

This chapter asserts that the use and reporting of institutional research (IR) data is an area ripe for litigation. The chapter explores possible student causes of action as they relate to institutional research (IR) data and compares the probable outcomes to reported student lawsuits. The chapter concludes with recommended liability-avoiding…

Joint stock issues, i.e. legal rules governing relations within commercial corporations, attract special attention of researchers of private law, corporate law in particular. A large number of internal corporate contradictions plays a negative role in the economic and economic activities of joint-stock companies. This fact affects the growth in…

In December 2009, Janette Ferguson traveled to Corpus Christi, Texas, to participate in the Harbor Lights Festival boat parade. The day prior to the festival, Ferguson spent the night on her family's sailboat that was kept in a slip on the city marina's C pier. Upon waking the following morning, Ferguson walked to the marina's bathroom facility to…

Work-integrated learning (WIL) is a risky business for universities. WIL is a strategic risk worthy of pursuing by universities in the prevailing higher education environment, which is characterized by competition, changes in funding arrangements and stakeholder demand for WIL. Nevertheless the strategic opportunities that WIL presents cannot be…

The paper examines the characteristics of a mistake of the commitment of crime as an optional feature of the mental state of the crime. The analysis conducted offers an opportunity to state that in international criminal law, a mistake of law, although taken into account, does not generally affect the classification of crime. We uncovered and…