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Gale, Mary Ellen – Responsive Community: Rights and Responsibilities, 1991
An alternative interpretation of the First Amendment guarantee of free speech suggests that universities may prohibit and punish direct verbal assaults on specific individuals if the speaker intends to do harm and if a reasonable person would recognize the potential for serious interference with the victim's educational rights. (MSE)
Descriptors: Censorship, Civil Rights, College Environment, College Role
Rubin, Linda J.; Borgers, Sherry B. – Principal, 1991
Changes in the composition of the American family and shifts in family members' roles and responsibilities are weakening the family support system essential for children's healthy development. Financial issues (income and poverty levels and working mothers) have a similar effect. To cope with changing families' needs, good teacher-administrator…
Descriptors: Elementary Secondary Education, Employed Parents, Family Characteristics, One Parent Family
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Cole, Belle – Research Management Review, 1989
A discussion of the controversial proposed National Institutes of Health/Alcohol, Drug Abuse, and Mental Health Administration guidelines for policies on conflict of interest are assessed in relation to the University of California's experience with research policies and peer review practice in regulating potential conflict-of-interest situations.…
Descriptors: Administrative Policy, Case Studies, Conflict of Interest, Higher Education
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Bourke, Jaron; Weissman, Robert – Academe, 1990
Universities are compounding the problems created by faculty entrepreneurship by gaining an unprecedented financial interest in the prosperity of the biomedical industry. This interferes with the institutions' other functions of critiquing social policy, explaining technical matters, and performing research for publicly decided goals. The…
Descriptors: Biomedicine, College Faculty, College Role, Entrepreneurship
Mawdsley, Ralph D. – West's Education Law Quarterly, 1993
Although courts have been supportive of efforts by school districts to dismiss sexually abusive employees, they have not been as receptive to claims that abused students should be compensated. Offers measures school districts should take in investigating applicants prior to employment and in investigating complaints after employment. (MLF)
Descriptors: Child Abuse, Compensation (Remuneration), Court Litigation, Elementary Secondary Education
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Vargyas, Ellen J. – Journal of College and University Law, 1993
A court decision allowing monetary damages for intentional violations of Title IX of the Education Amendments of 1972 is seen as dramatically changing enforcement of the principal federal law against sex discrimination. Its treatment of sexual harassment is also considered. Implications for Title IX enforcement in colleges and universities are…
Descriptors: College Administration, Compliance (Legal), Court Litigation, Federal Legislation
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Yell, Mitchell L.; Shriner, James G. – Education and Treatment of Children, 1998
Presents the legal requirements under the Individuals with Disabilities Education Act (IDEA) in disciplining students with disabilities, describes IDEA's requirement that school officials address student problem behavior in the Individualized Education Program, and offers recommendations regarding the formation of school district policies and…
Descriptors: Behavior Problems, Disabilities, Discipline, Discipline Policy
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Weis, Lois; Marusza, Julia; Fine, Michelle – British Journal of Sociology of Education, 1998
Argues that all types of violence are deeply embedded inside poor and working-class white communities, specifically domestic violence. Indicates that many poor and working-class females are socialized into a code of silence that perpetuates the abuse cycle. States that educators and schools must break the silence and confront domestic violence.…
Descriptors: Battered Women, Child Abuse, Economically Disadvantaged, Emotional Response
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Latham, Peter S. – Learning Disabilities: A Multidisciplinary Journal, 2000
This article reviews changes in the Individuals with Disabilities Education Act that were intended to encourage school districts to provide special education and related services to children with disabilities enrolled in private schools and that have resulted in the denial of services in a number of significant cases. (Contains references.) (CR)
Descriptors: Court Litigation, Disabilities, Educational Legislation, Elementary Secondary Education
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Callaway, Robert L.; Gehring, Donald D.; Douthett, Tracy J. – Community College Journal of Research and Practice, 2000
Investigates if two-year colleges are complying with the notice requirement of the Campus Security Act by providing everyone requesting admission information a summary of the contents of their security report. Finds that only slightly more than 6% of the two-year colleges surveyed met the notice requirement of the Campus Security Act. (VWC)
Descriptors: Accountability, Community Colleges, Disclosure, Educational Environment
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Von Urff, Carol – School Law Bulletin, 1998
Discusses provisions and regulations of the Individuals with Disabilities Education Act governing the types of (costly) medical services that must be provided to students with severe disabilities. Summarizes court applications. School districts must fulfill their obligations under federal and state law, regardless of their financial limitations or…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Legislation, Financial Problems
Healy, Patrick – Chronicle of Higher Education, 1998
Public university officials in Louisiana and Mississippi are treading a narrow line between conflicting directives on affirmative action. In U.S. vs. Louisiana, court orders permit use of affirmative action in admissions for desegregation purposes, but in Hopwood vs. Texas, Louisiana campuses are barred from using affirmative action in admissions…
Descriptors: Affirmative Action, College Desegregation, Court Litigation, Educational Trends
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Woodcock, Raymond L. – Journal of College and University Law, 1998
Debtors seeking discharge in bankruptcy of student loans should be aware of certain arguments in their favor: that the burden of persuasion should remain on the creditor throughout; the standard of proof should be the preponderance-of-the-evidence standard; and that burden of production is, for the most part, the creditor's. Recent case law is…
Descriptors: Banking, College Students, Court Litigation, Debt (Financial)
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Conn, Kathleen – Educational Leadership, 2001
Threatening student web sites raise complex legal questions for schools. According to "Tinker v. Des Moines (1969), students' First Amendment rights must be abridged to ensure an orderly school environment. Recent litigation, educator rights, American Civil Liberties Union interventions, and legally defensible strategies for schools are…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Freedom of Speech
Zirkel, Perry A. – Phi Delta Kappan, 2001
In a case involving a swim-team student's mandatory pregnancy test and a varsity coach's mishandling of confidentiality, the Third Circuit Court of Appeals awarded the coach qualified immunity, while rejecting the student's Fourth and First Amendment claims. Discretion and legal counsel would have helped. (MLH)
Descriptors: Athletics, Confidentiality, Constitutional Law, Court Litigation
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