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Weinberger, Harold; Schepard, Andrew – Wests's Education Law Quarterly, 1993
Reviews a case that vindicates the principle of judicial noninterference in academic evaluation of students. Describes the strategy of the lawyers who represented the academic institution. Discusses alternative approaches for serving the competing values at stake in grading decisions. (52 footnotes) (MLF)
Descriptors: Academic Freedom, College Environment, Court Litigation, Grading
Goldberg, Steven S. – Wests's Education Law Quarterly, 1993
Voluntary negotiation is a way for parties to school disputes to take control of both the process of dispute settlement and its solutions. A software package, "Negotiator Pro," synthesizes the theory and practice incorporated in 30 books on negotiation. The software helps develop and organize a negotiation plan and a profile of the other…
Descriptors: Administrators, Computer Software Reviews, Conflict Resolution, Courseware
McCarthy, Martha M. – Wests's Education Law Quarterly, 1993
Explores the background of the "Lee" case, in which the Supreme Court, by a 5-4 decision, declared that graduation prayers violated the Establishment Clause of the First Amendment. Cites implications of the Supreme Court for future Establishment Clause cases. (54 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Elementary Secondary Education, Federal Courts, Public Schools
Dayton, John – Wests's Education Law Quarterly, 1993
State supreme court opinions between 1971 and 1991 were analyzed under a model framework that outlined state court school funding litigation, including jurisdictional, factual, legal, and judicial policy issues. (126 footnotes) (MLF)
Descriptors: Court Litigation, Court Role, Educational Finance, Elementary Secondary Education
Schimmel, David – Wests's Education Law Quarterly, 1993
In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…
Descriptors: Court Judges, Court Litigation, Elementary Secondary Education, Federal Courts
Mawdsley, Ralph D.; Russo, Charles J. – Wests's Education Law Quarterly, 1993
Considers the legal implications of "Lee," a closely divided Supreme Court decision that ended the practice of graduation prayers. Summarizes the majority opinions of Justices Kennedy, Blackmun, and Souter and the dissenting opinion of Justice Scalia. Analyzes the potential impact of "Lee" on future cases involving religion and…
Descriptors: Commencement Ceremonies, Court Litigation, Elementary Secondary Education, Federal Courts
Karatinos, Theodore E. – Wests's Education Law Quarterly, 1993
Examines the Fifth Circuit Court's 1991 reasoning in "Price," a case that resulted from the school district's adoption of a new student reassignment plan to meet court-ordered desegregation. Suggests locating schools in the center of cities. Advocates that the judiciary conduct periodic checks on school districts that have been declared…
Descriptors: Court Litigation, Desegregation Litigation, Elementary Secondary Education, Equal Education
Schimmel, David – Wests's Education Law Quarterly, 1993
Outlines the facts of the Supreme Court 5-4 decision in "Lee" that graduation prayers violated the Establishment Clause of the First Amendment. Summarizes opinions of Justices Kennedy, Scalia, Souter, and Blackmun. Discusses some of the legal, educational, and policy implications of the conflicting opinions. (33 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Judges, Court Litigation, Elementary Secondary Education
Parkinson, Jerry R. – Wests's Education Law Quarterly, 1993
Presents an overview of both the federal statute governing the education of children with disabilities and the "Burlington" decision that requires, under certain circumstances, public school districts to reimburse parents for private educational expenses. Examines the leading cases involving parental placement of disabled children in…
Descriptors: Court Litigation, Disabilities, Federal Courts, Individualized Education Programs
Wall, Allen – Wests's Education Law Quarterly, 1993
Examines several state supreme court cases that bear on school finance litigation in Illinois. Suggests that the Illinois plaintiffs have an opportunity to establish a new litigation strategy. When school finance schemes are challenged on the basis of educational quality, courts have the opportunity to define a basic standard of education that…
Descriptors: Court Litigation, Economically Disadvantaged, Educational Finance, Educational Quality
Mawdsley, Ralph D.; Drake, Daniel – Wests's Education Law Quarterly, 1993
Discusses judicial opinions over the past century that have made schools relatively impervious to the legal demands of parents to change school programs and curricula. Describes changes occurring in two large urban school districts to provide structured parental involvement. (45 footnotes) (MLF)
Descriptors: Academic Achievement, Court Litigation, Elementary Secondary Education, Models
Sorenson, Gail Paulus – Wests's Education Law Quarterly, 1993
Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…
Descriptors: Administrative Policy, Board Administrator Relationship, Boards of Education, Child Abuse
Tatel, David S.; And Others – Wests's Education Law Quarterly, 1993
This review of the Supreme Court's 1991-92 term is divided into seven sections by subject matter: (1) desegregation; (2) religion and freedom of speech; (3) school liability and immunity; (4) employment and labor; (5) elections and voting rights; (6) school finance; and (7) special education. A list of cases and statutes discussed is included at…
Descriptors: Court Litigation, Court Role, Educational Finance, Elementary Secondary Education
McKinney, Joseph R. – Wests's Education Law Quarterly, 1993
Explores the legal aspects of choice programs affecting the education of children with disabilities. Concludes that states that have enacted choice programs have not designed the admissions processes nor the funding systems to eliminate discrimination against children with disabilities. (41 footnotes) (MLF)
Descriptors: Disabilities, Educational Change, Elementary Secondary Education, Free Choice Transfer Programs