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Flygare, Thomas J. – Phi Delta Kappan, 1976
Descriptors: College Housing, Court Litigation, Dormitories, Higher Education
Flygare, Thomas J. – Phi Delta Kappan, 1975
Descriptors: Court Litigation, Elections, Higher Education, Local Issues
Flygare, Thomas J. – Phi Delta Kappan, 1979
The principle that emerges from the case is that a public employer does not have to share all relevant information with an employee prior to a termination hearing. (Author)
Descriptors: Counselors, Court Litigation, Due Process, Elementary Secondary Education
Flygare, Thomas J. – Phi Delta Kappan, 1978
Unlike earlier cases, in Givhan the Supreme Court has accepted for consideration a case in which a teacher was dismissed for private rather than public speech. (IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Teachers
Flygare, Thomas J. – Phi Delta Kappan, 1978
In the Manhart case, the Supreme Court ruled that it is unconstitutional for women to be required to make higher payments into a retirement fund than do men to receive the same benefits. A district judge ruled elsewhere that a plan calling for equal payments but reduced monthly benefits for women is constitutional. (IRT)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Fringe Benefits
Flygare, Thomas J. – Phi Delta Kappan, 1978
Implicit in Gault v. Garrison is the idea that forced retirement is unacceptable at any age. An unintended effect of the current forced retirement laws may be a rethinking of tenure laws in an attempt to make it possible to eliminate some older faculty members from our schools and colleges. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Legislation, Higher Education
Flygare, Thomas J. – Phi Delta Kappan, 1978
The procedural due process principles of Goss v. Lopez do not apply in cases of "academic" dismissal rather than disciplinary dismissal. The difficulty in making this distinction, particularly at the elementary and secondary levels, undoubtedly will be the cause of much future litigation. (Author/IRT)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Expulsion
Flygare, Thomas J. – Phi Delta Kappan, 1978
The Gaylord case has significance for all educators concerned about their private lives. The immorality case against Gaylord was based on speculation. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Homosexuality, Supreme Court Litigation
Flygare, Thomas J. – Phi Delta Kappan, 1977
Indicates the Supreme Court's attitude toward the comparison of the racial composition of the faculty with that of the student body, the time Title VII came into force, and the use of applicant flow data in cases of hiring discrimination, but not what constitutes a relevant labor pool. (Author/IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Equal Opportunities (Jobs), Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1977
The Detroit decision may encourage federal courts to avoid costly and unpopular student reassignment plans in favor of compensatory education to remedy the effects of past discrimination. (Author/IRT)
Descriptors: Compensatory Education, Court Litigation, Elementary Secondary Education, Federal Courts
Flygare, Thomas J. – Phi Delta Kappan, 1987
Presents divergent opinions of Justice Sandra Day O'Connor (for the plurality), Justice Antonin Scalia, and Justice Harry Blackmun in the Supreme Court decision to return the case of "O'Connor v. Ortega" (questioning the constitutionality of searching a public employee's office) to the district court. O'Connor rejected the notion that…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Educational Administration
Flygare, Thomas J. – Phi Delta Kappan, 1988
Outlines U.S. District Court Judge Kovachevich's decision to return the Ray boys in Desoto County, Florida, to the classroom. These three children, Randy, Richard, and Robert, are hemophiliacs who have been exposed to the disease Acquired Immune Deficiency Syndrome. They had been excluded from the classrooms and came to national attention as a…
Descriptors: Acquired Immune Deficiency Syndrome, Court Litigation, Elementary Secondary Education, Health Education
Flygare, Thomas J. – Phi Delta Kappan, 1987
Discusses "Mozert v. Hawkins," pointing out four important factors in the case, and shows the reasonable and reasoned way the judge's final decision was made. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Literature, Moral Values
Flygare, Thomas J. – Phi Delta Kappan, 1987
Tenured faculty are normally terminated only for just cause. In "Milbouer v. Keppler," however, an Idaho district court upheld faculty members' discharge when Boise State University declared a financial exigency. Examination shows that this definition of financial exigency derived from budget reductions that affected small program…
Descriptors: College Faculty, Contracts, Court Litigation, Court Role
Flygare, Thomas J. – Phi Delta Kappan, 1986
Describes two recent court cases that demonstrate the difficulty of balancing the emphasis on drug detection with the privacy rights of students. Concludes that school officials should not be quick to assume that reasonable suspicion exists. (IW)
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law
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