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ERIC Number: ED057494
Record Type: RIE
Publication Date: 1971-Nov
Pages: 52
Abstractor: N/A
Reference Count: 0
The Courts and Student Rights -- Substantive Matters.
Sealey, Ronald W.
In the development of judicial criteria apparently governing the constitutional rights of students, the question arises as to what causes the various judges to select a particular precedent, as well as criterion, to resolve a student-school authority conflict. The answer might be mitigating and enhancing judicial observations that could be, in fact, reflective of attitudes, philosophies, and other personality dynamics associated with individual judges. It is this phenomena of dynamics which, in a court of equity or law, determines what, in fact, a student right is in the concrete form as contrasted to the abstract form. Most treatises on school law are void of either precedent -- i.e. case law -- statutory or constitutional law, which may very well determine what, in the concrete sense, a student right is in reference to a particular set of circumstances that were adjudicated. More consideration should be given to those cases or laws that arise outside the public school domain but which have relevancy within the public schools in order to properly advise students and others in the educational community. (Author)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at National Organization on Legal Problems in Education annual meeting (17th, Las Vegas, Nevada, November 10-12, 1971