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| Table of Cases | |
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| Preface | |
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| The Legal System | |
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| Constitutions | |
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| Statutes | |
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| Court, or Case, Law | |
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| Common Law | |
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| Powers and Functions of Courts | |
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| Applying Principles | |
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| Interpreting Statutes | |
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| Determining Constitutionality | |
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| The Purpose of Law | |
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| An Invitation to Jurisprudence, Harry W. Jones | |
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| Stare Decisis | |
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| The Historical Development of the Doctrine of Precedent, Harold J. Berman and William R. Greiner | |
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| Nature and Authority of Judicial Precedents, Henry Campbell Black | |
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| Commentaries | |
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| The Role of Precedent in Judicial Decision, John Hanna | |
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| Understanding Judicial Decisions | |
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| Case or Controversy | |
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| A Legitimate Controversy | |
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| The American Court System | |
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| State Courts | |
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| Federal Courts | |
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| The Role of the Supreme Court in American Society, Archibald Cox | |
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| Vertical Judicial Federalism: The Legal Context | |
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| Historical Perspective of Public Schools | |
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| America's First School Laws | |
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| The Puritan Influence | |
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| A System of Education | |
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| Education as a Right | |
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| Common School Ideal Implemented | |
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| The Massachusetts Law of 1647 | |
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| Preamble to a Bill for the More General Diffusion of Knowledge (1779) | |
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| Education as an Absolute Right, Horace Mann's Tenth Report (1846) | |
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| Education, the Balance-Wheel of Social Machinery, Horace Mann's Twelfth Report (1848) | |
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| Education Provisions of State Constitutions | |
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| Jami McDuffy et al. v. Secretary of the Executive Office of Education et al. | |
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| Education Provision as Limitation on Legislature | |
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| Rose v. The Council for Better Education, Inc. | |
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| Judicial Approval of Common Schools | |
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| Commonwealth v. Hartman | |
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| Expansion of Public Schools | |
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| Charter Schools | |
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| Council of Organizations of Others for Education about Parochiad v. Governor | |
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| Tuition and Fees in Public Schools | |
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| Randolph County Board of Education v. Adams | |
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| Cardiff v. Bismarck Public School District | |
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| Hartzell v. Connell | |
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| Role of the Federal Government | |
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| The Land Ordinances | |
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| Indirect Federal Role | |
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| State Sovereignty and the Tenth Amendment | |
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| Federal Involvement in Education | |
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| Education and General Welfare | |
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| Education and Commerce | |
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| United States v. Lopez | |
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| Supremacy Clause | |
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| Shepheard v. Godwin | |
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| Wheeler v. Barrera | |
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| Eleventh Amendment Immunity of the States | |
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| Governance of Public Schools | |
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| Education as a State Function | |
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| Limits of State Control | |
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| State and Local Educational Agencies | |
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| Functions of Educational Agencies | |
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| Delegation of Legislative Powers | |
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| Executive Functions | |
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| Quasi-Judicial Functions | |
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| Hortonville Joint School District No. 1 v. Hortonville Education Association | |
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| Fremont RE-1 School District v. Jacobs | |
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| Judicial Review of Educational Agency Actions | |
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| State ex rel. Clark v. Haworth | |
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| McGilvra v. Seattle School District No. 1 | |
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| Board of Education of Boone County v. Bushee | |
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| Clark v. Jefferson County Board of Education | |
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| School Officers | |
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| Smith v. Dorsey | |
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| Williams v. Augusta County School Board | |
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| School Elections | |
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| Hadley v. Junior College District of Metropolitan Kansas City, Mo. | |
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| School Board Meetings | |
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| Aldridge v. School District of North Platte | |
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| Open Meetings and Public Records Laws | |
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| Public Records | |
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| Open Records | |
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| Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi | |
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| Hovet v. Hebron Public School District | |
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| Church and State | |
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| Wall of Separation | |
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| Religious Intolerance | |
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| Colonial Establishments | |
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| Religious Assessments | |
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| An Act for Establishing Religious Freedom, Thomas Jefferson | |
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| Memorial and Remonstrance against Religious Assessments, James Madison | |
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| Church Opposition to Schools of the Republic | |
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| The Public School and Religion | |
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| Public Taxation to Support Religious Schools | |
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| Everson v. Board of Education | |
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| Board of Education of Central School District No. 1 v. Allen | |
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| The Establishment Clause and the Lemon Test | |
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| The Lemon Test | |
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| Lemon v. Kurtzman | |
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| Precedents Shortly after Lemon | |
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| The Wall Begins to Crumble | |
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| The Marginalizing of Lemon | |
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| The Establishment Clause Reduced | |
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| Mueller v. Allen | |
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| Board of Education of Kiryas Joel Village School District v. Grumet | |
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| Agostini v. Felton | |
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| Mitchell v. Helms | |
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| Antiestablishment Provisions in State Constitutions | |
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| Dickman v. School District No. 62 C | |
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| Released Time for Religious Instruction | |
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| Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois | |
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| Zorach v. Clauson | |
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| Secularization of Public Schools: Prayer and Bible Reading | |
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| A Bifurcated Standard | |
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| Volitional Exercises | |
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| Secular Purpose | |
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| Silent Meditation | |
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| Student-Initiated Religious Speech | |
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| Prayer at Graduation and Extracurricular Activities | |
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| School District of Abington Township v. Schempp and Murray v. Curlett | |
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| Wallace v. Jaffree | |
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| Lee v. Weisman | |
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| Santa Fe Independent School District v. Doe | |
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| Equal Access Act | |
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| Board of Education of the Westside Community Schools v. Mergens | |
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| Facilities | |
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| Lamb's Chapel v. Center Moriches Union Free School District | |
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| Flag Salute | |
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| West Virginia State Board of Education v. Barnette | |
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| School Attendance | |
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| State Prerogative | |
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| Plyler v. Doe | |
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| Martinez v. Bynum | |
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| Compulsory School Attendance | |
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| Parens Patriae | |
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| Instruction in Private Schools | |
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| Equivalent Instruction | |
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| Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary | |
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| Religion: The Amish Exception | |
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| State of Wisconsin v. Yoder | |
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| Johnson v. Charles City Community Schools of Board of Education | |
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| Home Instruction | |
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| Swanson v. Guthrie Independent School District I-L | |
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| Murphy v. State of Arkansas | |
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| Birst v. Sanstead | |
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| Other Reasons for Nonattendance | |
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| Excessive Absences | |
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| Travel | |
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| Illness | |
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| Marriage | |
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| Vaccination | |
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| Maack v. School District of Lincoln | |
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| The Instructional Program | |
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| Robust Exchange of Ideas | |
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| Judges Not Education Experts | |
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| Limitation on State Power | |
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| State ex rel. Andrews v. Webber | |
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| Sandlin v. Johnson | |
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| Meyer v. Nebraska | |
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| Steirer by Steirer v. Bethlehem Area School District | |
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| Curriculum and the Pall of Orthodoxy | |
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| Board of Education, Island Trees Union Free School District No. 26 v. Pico | |
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| Virgil v. School Board of Columbia County, Florida | |
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| Mozert v. Hawkins County Board of Education | |
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| Brown v. Woodland Joint Unified School District | |
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| Obscenity and Sex | |
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| Films | |
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| Cornwell v. State Board of Education | |
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| Keefe v. Geanakos | |
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| Fowler v. Board of Education of Lincoln County, Kentucky | |
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| Evolution versus Creationism | |
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| Epperson v. State of Arkansas | |
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| Edwards v. Aguillard | |
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| Student Testing and Promotion | |
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| Due Process and Testing | |
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| Equal Protection and Testing | |
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| Debra P. v. Turlington | |
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| Grading and Academic Requirements | |
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| Withholding Diploma | |
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| Grade Reduction | |
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| Grade Standards for Extracurricular Activities | |
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| Campbell v. Board of Education of Town of New Milford | |
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| Bilingual Education Programs | |
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| Lau v. Nichols | |
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| Student Rights | |
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| Common Law and the Student | |
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| Reasonableness | |
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| In Loco Parentis | |
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| Wiemerslage v. Maine Township High School District 207 | |
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| Constitutional Due Process | |
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| Substantive Due Process | |
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| Dunn v. Fairfield Community High School District No. 225 | |
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| Corporal Punishment, the Eighth Amendment, and Substantive Due Process | |
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| Ingraham v. Wright | |
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| Procedural Due Process | |
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| Dixon v. Alabama State Board of Education | |
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| Goss v. Lopez | |
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| McClain v. Lafayette County Board of Education | |
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| Sexual Harassment of Students | |
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| Franklin v. Gwinnett County Public Schools | |
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| Gebser v. Lago Vista Independent School District | |
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| Davis v. Monroe County Board of Education | |
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| Child Abuse | |
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| Definition | |
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| Reporting | |
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| Penalty for Failure to Report | |
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| Defenses for Failure to Report | |
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| Arkansas Department of Human Services v. Caldwell | |
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| Freedom of Speech and Expression | |
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| Material and Substantial Disruption | |
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| Tinker Defined | |
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| Student Appearance | |
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| Hair Length | |
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| School Uniforms | |
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| Tinker v. Des Moines Independent Community School District | |
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| Bethel School District No. 403 v. Fraser | |
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| Chandler v. McMinnville School District | |
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| Student Publications | |
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| Forum Analysis of Hazelwood | |
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| Categories of Publications | |
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| Hazelwood School District v. Kuhlmeier | |
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| Beussink v. Woodland R-IV School District | |
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| Search and Seizure | |
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| Reasonable Suspicion | |
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| Canine Searches | |
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| Strip Searches | |
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| Metal Detector Searches | |
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| Exclusionary Rule | |
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| Drug Testing | |
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| Liability for Illegal Search | |
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| New Jersey v. T. L. O. | |
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| Vernonia School District 47J v. Acton | |
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| Cornfield v. Consolidated High School District No. 230 | |
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| DesRoches v. Caprio and School Board of the City of Norfolk | |
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| Isiah B. v. State of Wisconsin | |
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| Rights of Disabled Children | |
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| A History of Neglect | |
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| The Turning Point | |
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| The Mills Case | |
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| Mills v. Board of Education of District of Columbia | |
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| Congressional Action | |
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| Rehabilitation Act of 1973 | |
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| Education for All Handicapped Children Act (EAHCA) | |
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| Amendments to the EAHCA | |
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| Interpretation of the IDEA (EAHCA) | |
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| Free Appropriate Public Education | |
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| Procedural Safeguards | |
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| Individualized Education Program (IEP) | |
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| Board of Education of Hendrick Hudson Central School District v. Rowley | |
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| Timothy W. v. Rochester, New Hampshire, School District | |
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| Least-Restrictive Environment | |
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| Oberti v. Board of Education | |
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| Separate School Placement | |
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| Florence County School District Four v. Carter | |
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| Zobrest v. Catalina Foothills School District | |
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| Foley v. Special School District of St. Louis County | |
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| KDM v. Reedsport School District | |
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| Related Services | |
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| Irving Independent School District v. Tatro | |
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| Cedar Rapids Community School District v. Garret F. | |
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| Discipline and the Stay-Put Provision | |
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| Honig v. Doe | |
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| Attorney's Fees | |
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| Liability for Reimbursement of Parents | |
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| Acquired Immunodeficiency Syndrome (AIDS) | |
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| Rehabilitation Act of 1973 | |
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| IDEA and AIDS | |
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| Martinez v. School Board of Hillsborough County, Florida | |
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| Desegregation | |
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| Historical Background | |
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| Erosion of Separate-But-Equal | |
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| Brown and the Demise of Segregated Schools | |
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| Brown v. Board of Education of Topeka | |
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| Interpreting Brown | |
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| Griffin v. County School Board of Prince Edward County | |
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| Green v. County School Board of New Kent County, Virginia | |
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| Alexander v. Holmes County Board of Education | |
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| De Facto Segregation | |
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| Keyes v. School District No. 1, Denver | |
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| Quotas and Busing | |
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| Swann v. Charlotte-Mecklenburg Board of Education | |
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| Unitariness | |
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| Pasadena City Board of Education v. Spangler | |
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| Board of Education of Oklahoma City Public Schools, Independent School District No. 89 v. Dowell | |
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| Freeman v. Pitts | |
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| Remedial and Compensatory Remedies | |
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| Missouri v. Jenkins | |
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| Missouri v. Jenkins | |
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| Diversity and Racial Classifications | |
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| Narrow Tailoring | |
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| Diversity | |
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| Interdistrict Desegregation | |
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| Milliken v. Bradley | |
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| Title VI and Bakke | |
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| Torts | |
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| Definition of a Tort | |
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| Intentional Interference | |
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| Assault | |
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| Battery | |
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| Interference with Peace of Mind | |
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| Spears v. Jefferson Parish School Board | |
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| Strict Liability | |
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| Fallon v. Indiana Trail School | |
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| Negligence | |
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| Standard of Conduct | |
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| The Reasonable Person | |
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| Elements of Negligence | |
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| Duty | |
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| Standard of Care | |
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| Proximate or Legal Cause | |
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| Injury or Actual Loss | |
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| Brown v. Tesack | |
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| Brownell v. Los Angeles Unified School District | |
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| Johnson v. School District of Millard | |
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| Richardson v. Corvallis Public School District No. 1 | |
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| Defenses for Negligence | |
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| Contributory Negligence | |
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| Comparative Negligence | |
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| Assumption of Risk | |
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| Immunity | |
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| Stevens v. Chesteen | |
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| Simonetti v. School District of Philadelphia | |
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| Hutchinson v. Toews | |
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| Hammond v. Board of Education of Carroll County | |
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| Wagenblast v. Odessa School District No. 105-157-166J | |
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| Educational Malpractice | |
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| Donohue v. Copiague Union Free School District | |
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| Defamation and Student Records | |
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| Defamation Defined | |
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| Defamation in Public Schools | |
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| Privilege | |
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| Good Faith | |
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| Defamation Actionable Per Se and Per Quod | |
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| Public Officials and Figures | |
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| Malice | |
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| Truth | |
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| Hett v. Ploetz | |
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| Desselle v. Guillory | |
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| Phillips v. Lincoln County School District | |
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| Milkovich v. Lorain Journal Co. | |
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| Richmond Newspapers, Inc., v. Lipscomb | |
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| Johnson v. Robbinsdale Independent School District No. 281 | |
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| Student Records | |
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| Practices Suggested by Common Law | |
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| Family Educational Rights and Privacy Act (FERPA) | |
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| Fay v. South Colonie Central School District | |
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| Governmental Immunity | |
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| Sovereign Immunity | |
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| Molitor v. Kaneland Community Unit District No. 302 | |
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| Richardson v. Rankin County School District | |
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| Dollar v. Dalton Public Schools | |
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| Lentz v. Morris | |
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| Abolition of Immunity | |
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| Discretionary Functions | |
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| Mosley v. Portland School District No. 1J | |
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| Insurance Waiver of Immunity | |
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| Dugger v. Sprouse | |
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| Proprietary Functions | |
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| Licensee and Invitee | |
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| Tanari v. School Directors of District No. 502 | |
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| Nuisance | |
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| Hendricks v. Southfield Public Schools | |
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| Section 1983, Civil Rights Act of 1871 Liability | |
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| Persons | |
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| School Board Liability | |
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| Official Negligence | |
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| Individual Liability | |
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| Wood v. Strickland | |
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| Eleventh Amendment and Local School Districts | |
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| Minton v. St. Bernard Parish School Board | |
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| Duke v. Grady Municipal Schools | |
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| Certification, Contracts, and Tenure | |
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| Certification | |
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| Background | |
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| Requirements | |
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| Ambach v. Norwick | |
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| Wardwell v. Board of Ecucation of the City School District of the City of Cincinnati | |
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| Application of Bay | |
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| Erb v. Iowa State Board of Public Instruction | |
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| Teacher Contracts | |
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| The Standard Contract | |
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| Fairplay School Township v. O'Neal | |
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| Feldhusen v. Beach Public School District No. 3 | |
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| The Tenure Contract | |
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| Grounds for Termination | |
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| Scheer v. Independent School District No. I-26 of Ottawa County | |
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| Appeal of Santee | |
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| Incompetency | |
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| Collins v. Faith School District #46-2 | |
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| Insubordination | |
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| Gaylord v. Board of Education, Unified District No. 218, Morton County | |
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| In re Termination of James E. Johnson | |
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| Immorality | |
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| Toney v. Fairbanks North Star Borough School District | |
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| Board of Education of Hopkins County v. Wood | |
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| Elvin v. City of Waterville | |
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| Gaylord v. Tacoma School District No. 10 | |
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| Cause or Good Cause | |
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| Board of Directors of Lawton-Bronson v. Davies | |
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| Reduction in Force | |
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| Zoll v. Eastern Allamakee Community School District | |
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| Constitutional Protection of Contracts | |
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| State v. Project Principle, Inc. | |
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| Teacher Rights and Freedoms | |
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| The Source of Rights | |
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| Academic Freedom | |
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| First Amendment: Primary Repository | |
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| Speech Rights of Public Employees | |
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| Speech and the Connick Rule | |
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| Pickering v. Board of Education | |
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| Mt. Healthy City School District Board of Education v. Doyle | |
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| Givhan v. Western Line Consolidated School District | |
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| Stroman v. Colleton County School District | |
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| East Hartford Education Association v. Board of Education | |
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| Seemuller v. Fairfax County School Board | |
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| Privacy | |
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| Search of Teacher Workplaces | |
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| Teachers' Mental and Physical Examinations | |
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| Daury v. Smith | |
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| Privacy and Drug Testing of Teachers | |
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| Knox County Education Association v. Knox County Board of Education | |
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| Freedom of Religion | |
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| Title VII | |
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| Neither Inhibit nor Promote Religion | |
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| Religious Garb | |
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| Cooper v. Eugene School District No. 4J | |
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| Privilege against Self-Incrimination | |
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| Beilan v. Board of Public Education, School District of Philadelphia | |
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| Due Process Rights of Teachers | |
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| Four Aspects of Due Process | |
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| Substantive Due Process | |
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| Liberty Interests | |
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| Property Interests | |
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| Board of Regents of State Colleges v. Roth | |
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| Perry v. Sindermann | |
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| Procedural Due Process | |
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| Hearing | |
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| Impartiality | |
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| Cleveland Board of Education v. Loudermill | |
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| Hortonville Joint School District No. 1 v. Hortonville Education Association | |
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| The Vagueness Test | |
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| Loyalty Oaths | |
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| Wieman v. Updegraff | |
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| Connell v. Higginbotham | |
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| The Irrationality and Presumptions Test | |
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| Resident Status | |
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| Pregnancy | |
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| Cleveland Board of Education v. LaFleur | |
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| Discrimination in Employment | |
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| Race Discrimination | |
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| Equal Protection | |
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| Title VI | |
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| Title VII | |
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| Griggs v. Duke Power Co. | |
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| United States v. South Carolina | |
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| Hazelwood School District v. United States | |
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| Affirmative Action | |
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| Wygant v. Jackson Board of Education | |
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| Taxman v. Board of Education of the Township of Piscataway | |
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| Sex Discrimination | |
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| Title VII | |
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| Pregnancy | |
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| Benefits | |
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| Title IX | |
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| North Haven Board of Education v. Bell | |
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| Sexual Harassment | |
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| Quid Pro Quo | |
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| Hostile Environment | |
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| Retaliation | |
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| Masson v. School Board of Dade County, Florida | |
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| Trautvetter v. Quick | |
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| Religious Discrimination | |
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| Ansonia Board of Education v. Philbrook | |
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| Cowan v. Strafford R-VI School District | |
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| Equal Pay Act | |
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| Danzl v. North St. Paul-Maplewood-Oakdale Independent School District No. 622 | |
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| Age Discrimination | |
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| Wooden v. Board of Education of Jefferson County, Kentucky | |
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| Discrimination against Persons with Disabilities | |
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| School Board of Nassau County, Florida v. Arline | |
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| Chalk v. United States District Court Central District of California and Orange County Superintendent of Schools | |
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| Family and Medical Leave Act of 1993 | |
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| Collective Bargaining | |
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| Historical Development | |
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| Private versus Public Sector | |
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| The Right to Bargain Collectively | |
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| Norwalk Teachers Association v. Board of Education of City of Norwalk | |
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| Anderson Federation of Teachers, Local 519 v. School City of Anderson | |
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| Board of Education v. New Jersey Education Association | |
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| Indiana State Teachers Association v. Board of School Commissioners of the City of Indianapolis | |
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| School Board of the City of Richmond v. Parham | |
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| Pawtucket School Committee v. Pawtucket Teachers Alliance | |
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| City of Biddeford v. Biddeford Teachers Association | |
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| Scope of Bargaining | |
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| Kenai Peninsula Borough School District v. Kenai Peninsula Education Association | |
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| Collective and Individual Rights | |
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| Bargaining Rights | |
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| Constitutional Rights of Individuals | |
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| Abood v. Detroit Board of Education | |
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| Grunwald v. San Bernardino City Unified School District | |
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| City of Madison v. Wisconsin Employment Relations Commission | |
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| Finance | |
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| Taxation for Education | |
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| The Development of the American State and Local Tax System | |
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| Florida Department of Education v. Glasser | |
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| Marion and McPherson Railway Co. v Alexander | |
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| Distribution of State School Funds | |
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| Taxation and Equal Protection | |
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| Distribution Formulas and the Equal Protection Clause | |
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| Litigation under Federal Equal Protection | |
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| The Rodriguez Case | |
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| San Antonio Independent School District v. Rodriguez | |
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| Papason and Fundamentality | |
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| The Emergence of the Intermediate Test | |
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| Papason v. Allain | |
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| Litigation under State Constitutions | |
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| Future Directions of State Litigation | |
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| Fundamentality and State Constitutions | |
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| Edgewood Independent School District v. Kirby | |
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| Committee for Educational Rights v. Edgar | |
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| DeRolph v. State | |
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| Budgeting and Accounting for School Funds | |
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| San Benito Independent School District v. Farmers' State Bank | |
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| Petition of Auditors of Hatfield Township School District | |
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| Public School Indebtedness | |
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| Revell v. Mayor of City of Annapolis | |
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| Hewitt v. Board of Education | |
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| Property | |
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| City of Baker School Board v. East Baton Rouge Parish School Board | |
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| City of Bloomfield v. Davis County Community School District | |
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| Edmonds School District No. 15 v. City of Mountlake Terrace | |
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| Purchase of Property for Special Purposes | |
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| In re Board of Public Instruction of Alachua County | |
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| School Buildings | |
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| Alexander v. Phillips | |
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| School Site Selection | |
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| Mullins v. Board of Education of Etowah County | |
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| Eminent Domain | |
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| Oxford County Agricultural Society v. School District No. 17 | |
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| In re School District of Pittsburgh | |
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| Dare County Board of Education v. Sakaria | |
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| Adverse Possession | |
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| Lovejoy v. School District No. 46, Sedgwick County | |
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| Reversion of School Property | |
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| Williams v. McKenzie | |
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| Selected Constitutional Provisions | |
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| Selected Federal Statutes | |
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| Public Schools Provisions in State Constitutions | |
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| Glossary of Terms | |
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| Index | |