School Law Flashcards
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5 purposes of law:
1) Preservation of the public peace and safety
2) Settlement of individual disputes
3) Maintenance of security and expectations
4) Resolution of conflicting social interests
most school law cases can be categorized into 4 types:
1) student rights
2) teacher rights
3) religion
4) freedom of speech
Authority power paradigm (power is POSITIONAL):
hierarchy of positional power: school board superintendent principal teacher student
Yoder vs Wisconsin
students must be in school until age 16
social interest dispute
Tinker vs DesMoines
1969: first student rights case to win in favor of the student
A law translates policy into
action
judicial diffidence
“not your/my business”
fundamental right =
constitutional right
if 2000 cases go to the Supreme Court, how many are heard?
10%= 200 are heard
Article 1 (first amendment to the constitution)
freedom of speech
freedom to assemble
freedom of religion
penumbra
The right of freedom of expression is covered under the penumbra doctrine.
The doctrine was fist used in a privacy issue case.
Literally means “shadowed, as in an eclipse” (astronomy)