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Essay / Research Paper Abstract
A 30 page research paper that addresses specific legal issues as they apply to teaching and education. Topics covered include tort liability, negligence, law pertaining to disabled children, privacy issues, drug testing, search and seizure and others. Bibliography lists 1 source.
Page Count:
30 pages (~225 words per page)
File: D0_khleged.rtf
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Unformatted sample text from the term paper:
teachers and thereby possibly prevent incidents where individuals resort "to the courts for redress" (Alexander and Alexander xxxviii)(All page citations will refer to this text). Due to the fact that
public school is a governmental agency, the conduct of educators is circumscribed by law (1). Therefore, it behooves any educator to be aware of these legal responsibilities. Impact
of Marbury v. Madison on the function of courts : In Marsbury v. Madison, it was central to the majority opinion written by Justice Marshall that the Supreme Court
has the "power to declare a statute unconstitutional," only when this comes as a consequence of the "power of the court to decide a case" that is before it properly
at the time (10). In other words, there may be unconstitutional statutes that continue to exist, but unless these statutes are brought before the Court in reference to a legitimate
case, the Court cannot has no power to rule them unconstitutional (10). US courts have shown great reluctance to rule on constitutional issues unless this becomes absolutely necessary (10). This
has led to the establishment of a "rigorous set of rules," whose criteria must be meat in order be considerable a legitimate case for consideration (10). Three functions of
the US courts in regards to public schools : The authority of the public educational system finds its origin within a "constitutional delegation to the legislature to provide a system
of education" (2). A combination of "constitutions, statutes and court (or case) law forms" provides the principal legal groundwork on which the public education is based (2). All state have
constitutions that provide for a "system of free public schools" (2). These documents contain provisions that vary from dictating specific educational requirement to broad mandates (2). A statute is "an
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