C. Russo – Encyclopedia of Education Law (2 Volumes)

Автор: C. Russo
Название книги: Encyclopedia of Education Law (2 Volumes)
Формат: PDF
Жанр: Политология и Социология
Страницы: 518+516
Качество: Изначально компьютерное, E-book

CHOICE Outstanding Academic Title for 2009

“A welcome addition to any public or academic library, this set would also be of use in a law library where educational law might need to be explored and reviewed at a more basic level than other legal texts.”
―Sara Rofofsky Marcus, Queensborough Community Coll., Bayside, NY

“Smaller educational legal summaries exist, and a couple of texts deal with Supreme Court cases about education, but this set provides a unique combination of general educational legal issues and case-specific information. It should be a welcome addition to academic and large public libraries. Also available as an ebook.”
― Booklist

The Encyclopedia of Education Law is a compendium of information drawn from the various dimensions of education law that tells its story from a variety of perspectives. The entries cover a number of essential topics, including the following:

Key cases in education law, including both case summaries and topical overviews

Constitutional issues

Key concepts, theories, and legal principles

Key statutes

Treaties (e.g., the Universal Declaration on Human Rights)

Curricular issues

Educational equity

Governance

Rights of students and teachers

Technology

Biographies

Organizations

In addition to these broad categories, anchor essays by leading experts in education law provide more detailed examination of selected topics. The Encyclopedia also includes selections from key legal documents such as the Constitution and federal statutes that serve as the primary sources for research on education law. At the same time, since education law is a component in a much larger legal system, the Encyclopedia includes entries on the historical development of the law that impact on its subject matter. Such a broadened perspective places education law in its proper context in the U.S. legal system.

A foreword is commonly assumed to be a brief introductory
essay, usually written by someone other than
the book’s author or authors. As such, the intent of this
foreword is to provide background information to help
readers to better understand the nature of the
Encyclopedia of Education Law and its content. Thus,
additional definitions follow: An encyclopedia is a
comprehensive reference work of one or more volumes
that provides a concise description of each of
the different aspects of a given field of knowledge. In
this instance, the field is education law, which consists
of the statutes and cases pertaining to educational
institutions and the personnel associated with these
institutions. The encyclopedia also includes a wide
array of entries on key topics in the field of education
law. Statutes are defined broadly as including not only
legislative enactments but also constitutions, treaties,
ordinances, court rules, and administrative regulations.
While the term cases includes the decisions of
the courts, opinions of attorney generals, and rulings
of administrative agencies, those summarized in the
encyclopedia focus primarily, but not exclusively, on
judgments of the U.S. Supreme Court.
Education law grew and evolved slowly from its
early beginning in the colonial period in Massachusetts.
An enactment in 1642 ordered that all children
be taught to read, and in 1647, a law commonly
known as “Ye Ole Deluder Satan Act” provided for
the appointment of teachers and the establishment of
schools. There was little development in the field during
the remaining half of the 17th and through most of
the 18th century in this country, which remained predominately
rural and sparsely populated. However,
with the birth of the nation, the states, through constitutional
provisions and legislation, began providing
for the education of the children of their citizens, and
legal problems related to education occasionally
reached the courts. It was not until the 20th century
that education law began to receive some recognition
as a separate field of study, and a body of literature
began to emerge.
During the early 20th century, there was an obvious
dearth of published information. Academics needed
instructional materials that covered the legal aspects
of school operation; attorneys who represented educational
institutions and personnel also needed frequently
updated reference sources to stay current in
this rapidly developing field. The responses to these
demands came quickly during the next few years. Two
textbooks, Harry R. Trusler’s Essentials of School
Law and Frank R. Stephenson’s Handbook
of School Law, were published in the late 1920s.
Another, J. F Weltsin’s Legal Authority of the
American Public School, was added in 1931. The following
year, M. M. Chambers launched The Yearbook
of School Law, and in 1934, Lee O. Garber authored a
monograph titled Education as a Function of the
State. The first education law book printed by a university
press or major publisher was The Courts and
Public School Property by Harold H. Punke in 1936.
During the next decade, with the nation’s interest and
efforts focused on the war, the creation of new sources
of education law information slowed to a halt.
The 1950s might well be described as a decade of
phenomenal development. This growth was due to
factors including the Supreme Court’s 1954 landmark
decision in Brown v. Board of Education of Topeka
and later cases affecting all public educational institutions
of this country; the formation of an association
of educators and attorneys, the National Organization on Legal Problems of Education, now the Education
Law Association (ELA), which under the direction
of M. A. McGhehey became the leading information
source; and the individual efforts of some of the most
outstanding scholars in education and law. During this
time, there was an unprecedented expansion of the
knowledge base and a heightened demand for print
materials in the field.
In 1950, Lee O. Garber initiated the second series of
the Yearbook of School Law. Writers, including attorneys
as well as educators, produced textbooks that were
widely adopted for use in major university education law
classes. Among these were Law of Public School
Administration by Madeline K. Remmlein (1953), The
Courts and the Public Schools by Newton Edwards
(1956), and The Law and Public Education by Robert R.
Hamilton and Paul E. Mort (1959). (The next textbook of
this stature was Kern and David Alexander’s Public
School Law, not published until 1969.) Other books
focused on specific aspects of the educational program
and consisted of chapters written by different authors
selected by an editor; e.g., The Law and the School
Business Manager (1955) edited by Lee O. Garber and
Law and the School Superintendent (1958) edited by
Robert L. Drury. Chapter authors include recognized
authorities in the field such as Newton Edwards, E. C.
Bolmeier, Lloyd E. McCann, Edgar Morphet, and
Stephen Roach. Periodical literature in the field also
blossomed at this time. Articles on education law by the
authorities mentioned appeared in professional journals
such as Nation’s Schools, the Bulletin of Secondary
School Principals Association, and the Journal of
Elementary Education, and Robert R. Hamilton began
publishing The National School Law Reporter.
Today’s education law literature is similar in form
to those listed. In fact, the Yearbook, now known as
The Yearbook of Education Law, is published annually
by the Education Law Association. The present series
has had two long-term editors, Stephen Thomas and
its current editor, Charles J. Russo. The Law of Public
Education is still published with the original authors
being replaced in subsequent editions by E. Edmund
Reutter and now Charles J. Russo. Publications
founded more recently were The Journal of Law and
Education, published by the University of South
Carolina School of Law; The Education Law Reporter,
edited by Clifford Hooker for West Publishing
Company; and the Brigham Young University
Education and Law Journal, published jointly between
the university’s schools of education and law.
The background data appear to support the premise
that the Encyclopedia of Education Law does not
duplicate but fills a definite void in the literature. The
coverage is comprehensive, with topics ranging from
“ability grouping” to “Zorach v. Clauson.” Lastly, the
editor, Charles J. Russo, and the contributing authors,
some of whom were students of the “pioneers” cited,
are eminently qualified by education and experience
for the tasks performed.
Floyd G. Delon

Brown v. Board of Education of Topeka (1954) is the
most important education-related case in the history of
the United States, perhaps the most important decision
of all time, regardless of the subject matter. With Brown
providing a major impetus, the United States has undergone
a myriad of educational, legal, and social transformations.
By striking down racial segregation in
public schools, Brown augured the start of an era that
was destined to provide equal educational opportunities
to all. This landmark decision signaled the birth of the
field known as education law or school law.
Prior to Brown, the U.S. Supreme Court had addressed
only a handful of education-related cases. However, the
Court now resolves at least one school-related case
almost every year. In fact, since the Court first addressed
a dispute under the Establishment Clause in 1947,
upholding the constitutionality of the states providing
transportation to children who attend nonpublic schools
in Everson v. Board of Education of Ewing Township
(1947), it has decided more than 40 cases in each of the
two controversial areas of school religion and desegregation,
although the Court has since the late 1970s displayed
much less interest in the latter while its rate of involvement
in the former continues unabated.
The Encyclopedia of Education Law is intended
to be a comprehensive source on education law for undergraduate
and graduate students, educators, legal practitioners,
and general readers concerned with this central
area of public life. The primary focus is on developments
since Brown v. Board of Education of Topeka. At the same
time, because education law is a component in a much
larger legal system, the encyclopedia includes entries on
the historical development of the laws that impact education.
This broadened perspective thus places education
law within the American legal system as a whole.
Although the overwhelming majority of entries in the
encyclopedia address education law in the United
States, the encyclopedia does take into account the
expansion education law has experienced around the
globe. While comprehensive, worldwide coverage of the
many varieties and contexts of education law in the
world is beyond the scope of this project, it does contain
entries on such important topics as the United Nations
Convention on the Rights of the Child and the Universal
Declaration of Human Rights that help place developments
in the United States within a broader context. In
addition, the encyclopedia includes a limited number of
entries on the international developments of this field.