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A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.
This book is concerned with an investigation of severe school attendance problems. The purpose of this study is to integrate and synthesize related research carried out over the last ten years on this important social problem. The research describes the first use of randomly controlled trials by the courts in Great Britain and the psychiatric assessment of a non-clinical population of poor attenders. The approach provides new and interesting data and a good methodological example of the use of randomized experiments by the courts.
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
`The authors have taken a topic which could cover volumes, and produced a concise, easily understood desk reference which I have already used on the job.′ -Stephen Harding, Principal Terry High School, MS Minimize site-based risk while respecting the legal rights of students, staff, and parents! Principals deal with complicated and potentially damaging legal issues every day . . . and now there′s an accurate, accessible tool, written in plain English that can give administrators the information they need to do their jobs while minimizing legal risk. While retaining the reader-friendly format from their first edition, Dennis R. Dunklee and Robert J. Shoop-recognized school law experts-provide additional programmatic guidance for other school district personnel, "management cues" and "risk management guidelines," a comprehensive index, additional references to landmark court cases, coverage of the No Child Left Behind Act, and information on state-created danger and deliberate indifference. This second edition helps school administrators quickly find important legal guidance for issues that include Staff selection and evaluation Student rights and discipline Special education and the reauthorized IDEA Copyright law Search and seizure Sexual harassment and sexual exploitation And many more This essential desk reference offers a straightforward resource on translating school law into practice and can be used as a day-to-day reference guide or a comprehensive overview of school law today.
This encyclopedia is a covers the essential and core areas of the subject including cases, governance, technology and biography.
The go-to legal resource for principals, fully updated! How often does a potential legal issue arise at your school? Now in an expanded third edition, this trusted resource provides clear and helpful guidance from a team of respected school-law experts. Substantive new information shows principals how to: Address student use and misuse of technology, on and off campus Avoid the pitfalls of zero-tolerance discipline policies Lead school safety and violence prevention, including collaboration with school resource officers and other personnel Prevent and respond to bullying incidents Stay current with special education requirements Ensure that employment and evaluation practices reflect the law
Subtitle in hardcover printing: How a band of Yale law students sued the President--and won.
Adapted from its parent volume Education Law, 5th Edition, this accessible text concisely introduces topics in law that are most relevant to teachers. Providing public school teachers with the legal knowledge necessary to do their jobs, A Teacher’s Guide to Education Law covers issues of student rights, discipline, negligence, discrimination, special education, teacher rights, hiring and firing, contracts, unions, collective bargaining, and tenure. Special Features: This revised edition includes new content on bullying, privacy, discrimination, school finance, and issues relating to Internet and technology, as well as updated references and case law throughout. To aid comprehension, technical terms are carefully explained and summaries of key topics and principles are provided. Case law is presented within the context of real-world examples, making this text accessible to pre-service teachers who have little background in law. A companion website provides additional resources for students and instructors, such as links to full cases and a glossary of key concepts.
Education Law, 5th Edition is organized around the belief that students need to read court cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often too difficult to comprehend. This textbook provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers today. Thus, the text balances an explanation of the important principles of education law, with actual court decisions to illuminate these concepts. The court decisions are carefully edited to highlight issues most relevant to administrators, and each chapter explores implications for policy and practice. This new edition features additional content on bullying, student privacy, free speech rights, teacher evaluation, collective bargaining, and issues relating to Internet and technology as well as revised materials dealing with education policy and updating of references and case law throughout. A companion website with materials for students and instructors, including links to full cases, a glossary of key concepts, and discussion questions to help students further engage with the content.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.