Actions that negatively affect individuals in particular groups as defined by race, color, religion, sex, or national origin are referred to as having a disparate or disproportionate impact. The concept of disparate impact flows from Title VII of the Civil Rights Act of 1964 and the large amount of litigation it fostered.
Read the full storyThe rights of individuals with disabilities in the educational context are governed by three federal laws and numerous state laws. The federal laws are known as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA).
Read the full storyThe Digital Millennium Copyright Act (DMCA), passed in 1998 and effective in 2000, updates federal copyright law to meet the demands of the electronic age, particularly in regard to copyright infringement on the Internet.
Read the full storyA deposition is a method of discovery that is used to gather or obtain facts and information that may be relevant to a pending lawsuit.
Read the full storyBecause the Dominion of Canada initially included separate areas with English-speaking and Frenchspeaking majorities, constitutional legal protections were provided for denominational schools as a safeguard for minority-religion schools.
Read the full storyIn DeFunis v. Odegaard (1974), a law school applicant challenged the University of Washington Law School’s race-conscious admission policy, charging that his rejection constituted discrimination.
Read the full storyDefamation is an injurious statement about a person’s reputation; it usually involves a defamer, who imputes questionable character or inappropriate conduct about another, the defamed party.
Read the full storyAt issue in Debra P. v. Turlington (1981) was the validity of student testing. In 1978, the Florida legislature conditioned the receipt of a high school diploma on passing a state competency examination.
Read the full storyDayton Board of Education v. Brinkman, I and II (1977, 1979) are judicially related school desegregation cases that originated in the city of Dayton, Ohio. In Dayton Board of Education v. Brinkman I (1977), minority student plaintiffs sued the Dayton school board asserting that, acting in concert with the State Board of Education of Ohio...
Read the full storyDavis v. School Commissioners of Mobile County (1971) involved the adequacy of a desegregation plan for Mobile County, Alabama.
Read the full storyActing on the complaint of a young girl whose classmate made inappropriate sexual overtures, the U.S. Supreme Court ruled in Davis v. Monroe County Board of Education (1999) that school boards could be held liable for such harassment under certain circumstances.
Read the full storyIn a unanimous 9-to-0 decision, the U.S. Supreme Court, in Davenport v. Washington Education Association (2007), ruled that states do not violate the First Amendment in requiring public sector labor unions to obtain the formal permission of nonunion member employees before spending their fair-share or agency shop fees on politically related expenses, including campaigns and elections.
Read the full storyClarence S. Darrow rode to fame in education law with his unusual defense of high school teacher John T. Scopes in the infamous “Monkey Trial” in Dayton, Tennessee, in 1925.
Read the full storyCyberbullying generally encompasses any kind of harassing or bullying conduct that occurs through electronic communication channels or devices, including e-mail, Web pages, blogs, online video sharing sites, social networking services, cell phones, and camcorders.
Read the full storyAt issue in Cumming v. Board of Education of Richmond County (1899) was whether denying a high school education to African American students was a “clear and unmistakable disregard of rights” (p. 545) in violation of their constitutional protections under the Equal Protection Clause of the Fourteenth Amendment.
Read the full story