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Phi Delta Kappan, 1983
THE FOLLOWING IS THE FULL TEXT OF THIS DOCUMENT: A federal judge in New York has ruled that, under federal copyright law, a group of Buffalo area school districts cannot videotape the televised works of three filmmakers - even for temporary educational purposes. U.S. District Judge John Curtin's decision deals another blow to the Erie County Board…
Descriptors: Copyrights, Court Litigation, Federal Legislation, Federal Regulation
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
Jenkinson, Edward B. – Phi Delta Kappan, 1987
Reviews proceedings in "Mozert v. Hawkins County," in which the Sixth Circuit Court found that Holt reading series used by Hawkins County Public Schools caused the plaintiff students to "forfeit a free public education." Implications of this court decision are discussed. The judge narrowed the scope of the decision to the…
Descriptors: Boards of Education, Censorship, Court Litigation, Cultural Influences
Glenn, Charles L. – Phi Delta Kappan, 1987
Reaction of educators to court decision in "Mozert v. Hawkins County" should be tempered with common sense and flexibility. In his research on basal readers and textbooks, Paul Vitz found a distorted presentation of family life, neglect of the role of religion in contemporary American life, and neglect of patriotism, business, labor, and…
Descriptors: Boards of Education, Content Analysis, Court Litigation, Cultural Influences
Zirkel, Perry A.; Reichner, Henry F. – Phi Delta Kappan, 1987
The concept "in loco parentis" is discussed in relation to its historical place in education and its current status. The doctrine has expanded from its original idea of "restraint and correction" to figure significantly in court cases involving corporal punishment, student searches, school rules, correlative duties, and…
Descriptors: Corporal Punishment, Court Litigation, Discipline Policy, Educational History
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, 1987
Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…
Descriptors: Censorship, Civil Rights, Court Litigation, Freedom of Speech
Flygare, Thomas J. – Phi Delta Kappan, 1987
In the 1986 Maine court decision "True v. Ladner," a school superintendent was found guilty of slander for a teacher recommendation. Many school attorneys are now advising superintendents and school officials not to provide references for former employees. If this becomes widespread the process of screening applicants for teaching…
Descriptors: Court Litigation, Educational Administration, Elementary Secondary Education, Personnel Data
Flygare, Thomas J. – Phi Delta Kappan, 1987
Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…
Descriptors: Communicable Diseases, Court Litigation, Disabilities, Elementary Secondary Education
Flygare, Thomas J. – Phi Delta Kappan, 1986
To halt "white flight" to the suburbs occurring since a 1969-70 court decision imposed cross-town busing, neighborhood schools should be reinstated. The board's decision was challenged by the United States District Court, upheld by the U.S. Court of Appeals (Fourth Circuit), and may become a Supreme Court case. (MLH)
Descriptors: Busing, Court Litigation, Desegregation Litigation, Elementary Education
Flygare, Thomas J. – Phi Delta Kappan, 1985
According to the Maryland Court of Special Appeals, a teacher sentenced to probation as a first offender for residing in an apartment where marijuana was grown and used was improperly dismissed from her teaching position despite a state law protecting first offenders, but remained subject to dismissal for misconduct. (PGD)
Descriptors: Court Litigation, Elementary Secondary Education, Illegal Drug Use, Marihuana
Flygare, Thomas J. – Phi Delta Kappan, 1985
The Texas Supreme Court ruled that students' rights to participate in extracurricular activities were not on the same level as rights to free speech and found that the state law barring failing students from extracurricular activities was rationally related to a legitimate state interest in educational quality. (PGD)
Descriptors: Athletics, Court Litigation, Elementary Secondary Education, Extracurricular Activities
Flygare, Thomas J. – Phi Delta Kappan, 1985
U.S. Supreme Court decisions handed down in June and July 1985 rejected the use of silent periods for religious purposes in the public schools, and restricted the use of public funds to support supplemental educational programs in parochial school settings. (PGD)
Descriptors: Court Litigation, Elementary Education, Federal Courts, Parochial Schools
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