This dissertation discussed the impact of the North Carolina Tort Claims Act and the history of governmental immunity that has protected school districts and school employees in North Carolina. The research question addressed was: how have North Carolina state courts interpreted the North Carolina Tort Claims Act in litigation against North…

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…

Legal issues in Physical Education are very germane to sport and physical activity development. Consequently, Physical Education teachers should be involved in studying laws that relates to P.E in the course of their professional preparation. It is worth noting that today, people are becoming more aware of their rights under the law. This has…

Providing a safe classroom and laboratory environment should be the first priority of any career-technical and technology/engineering education instructor. Doing so not only increases the opportunity for student learning, but it also keeps instructors "out of hot water" with respect to legal issues of liability. In today's litigious…

One of the most enjoyable and interesting subjects for students taking a business law or legal environment course is the study of torts. Whether a course only allows this discussion for a week or longer, seasoned professors realize that they can capture the attention of students by covering torts topics such as slip-and-fall litigation, defective…

This case study, written for use in a multidisciplinary course, exposes students to concepts in business law, economics, and statistics. The case is based upon a hypothetical scenario involving a young woman who, having spent a relaxing day at the beach, heads for home. On the drive home, a flip-flop she is wearing becomes lodged under the gas…

Magic is exciting, but dangerous. David Copperfield explained "of all the performers on stage, no one courts disaster, no one flirts with danger as much as the magician." On October 3, 2003, Siegfried and Roy experienced that danger firsthand when Roy was attacked by one of his tigers while performing before a live audience. This tragic event can…

This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and…

The Compensation Act 2006 received its Royal Assent on 25 July 2006. The Act allows the courts to have regard to the social utility of "desirable activities", including school trips, in considering negligence claims. The article reviews the law of negligence as it affects teachers of the very young and considers the possible impact of…

In a suit involving an assaulted Native American middle school student, a federal court judge granted the Philadelphia Public Schools' motion for summary judgment. Even in this post-Columbine era, senseless on-campus, student-to-student violence is generally not considered a civil-rights issue. Exceptions are noted. (MLH)

Although no lawsuits claiming educational malpractice have yet been successful, it is conceivable that educators and school systems will be held legally accountable for correctly diagnosing pupils' needs, placing them in appropriate instructional programs, and reporting their progress to parents or guardians. This bulletin briefly examines…

Discusses the 1997 collapse of a balcony on a historic building at the University of Virginia, which resulted in a death and several injuries. Explores the balcony structure and cause of the collapse, any possibly preventative measures, and the resolution of legal proceedings resulting from the collapse. (EV)

A science teacher forgets to remind her students to wear their safety goggles during a chemistry experiment and one student is injured when the caustic chemicals he is working with splash into his eyes. A teacher is late for recess duty and a student falls from the swings and is injured. A principal sends one teacher and one student teacher on a…

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…

As school activities proliferate, questions surface about educators' legal responsibilities. Litigants must establish evidence regarding recognizable legal duty, breach of a recognizable duty, proximate cause, or injury. Principals are responsible for providing adequate supervision; employing competent, efficient personnel; instructing adequately;…