From the standpoint of a former journal editor and long-time professional, this commentary challenges the direction of the profession as demonstrated in this special section. The ongoing creation of more and more ethical constraints not only harms the profession but also loses sight of fundamental ethical principles.

From the standpoint of a journal editor and researcher, this commentary critically reflects on some of the primary notions addressed in the 4 featured articles of the special section, discussing areas of agreement and divergence. As a way of further exploring these ethical and professional concerns, the contentious issue of using school children…

Issues related to elder abuse and neglect should be systematically addressed in nursing curricula, including ways to identify abuse at the macro, mezzo, and micro levels and the inclusion of the views of elders in the educational process. (SK)

Explores the question of responsibility if a college-admission officer makes the "wrong" decision and a once-violent applicant enrolled as a student turns violent again. Uses the cases of Gina Grant, who had murdered her mother, and Richie Parker, convicted of sexual assault, to illustrate the need for clear legal standards to guide the…

Review of suit brought by high school basketball player against Iowa school district claiming the district was guilty of negligent misrepresentation. High school counselor advised student to take a communications course, saying it would satisfy NCAA core English requirements, but he later found out it did not, resulting in his loss of a…

Summarizes claims data drawn from the records of the National Association of Social Workers Insurance Trust from 1969 to 1990. Provides data for frequency and cost of claims for various claims categories and offers suggestions for minimizing the occurrence of liability claims. The majority of claims against individual practitioners involve…

Discusses, from an Australian perspective, the context of, and the legal framework for, suing in educational negligence. Examines the decision of the English Court of Appeal. Explores some of the issues an Australian court might face when confronted with a claim in educational negligence. (80 footnotes) (MLF)

The English Court of Appeal found it difficult to establish standards of teachers' duty of care to establish the new tort of educational malpractice. However, the Court recently decided that claims based in negligence and alleging a failure on the part of teachers to identify and respond to the needs of certain learning-disabled students were not…

In the United Kingdom, insurance is becoming harder to get and society is becoming increasingly more likely to demand criminal sanctions when accidents occur. Adventure educators can protect themselves by having a demonstrable, transparent system of risk assessment, safety equipment, training, and control, but they must also educate the public to…

Examines liability issues for academic libraries=FE student workers. Discussion includes staff training; hiring practices; supervision; negligence; emergency procedures; the use of reasonable care; and knowledge of library rules. Specific nonlibrary liability cases are cited as examples of the importance of employee screening, training, and danger…

Weighing in at 567 pages, including 107 pages of footnotes, the 9/11 Commission Report is a metaphor for the primitive and often dysfunctional state of risk management in large organizations such as colleges and universities. President Clinton's national security adviser, Sandy Berger, told the commission that government decisions "were made from…

Legal liability is likely to increase when a community college allows high school students to enroll in college courses or when college staff work within the schools. This document describes strategies for minimizing legal liability while allowing high school students to further their education by taking community college courses. (PGS)

Public schools routinely require permission or release forms for field trips and other activities of potential liability. The legal status of such forms varies, but they are generally considered neither rock-solid protection nor legally valueless in terms of immunity. This article presents a case involving a student who sustained bicycle injuries…

This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…