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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 | |