| Introduction
This page is a simple outline of legal concepts necessary to understand
law education. In the US there are three types of laws:
- Statutes (Legislation)
- Regulations (Administrative)
- Cases (Common Law)
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1. Statutes (Legislation)
- Legislation Congress empowered to clarify or define constitutional
rights
- States responsible for education
- Federal role focused on protecting rights and guaranteeing equity
(e.g. ADA, ESEA, McKinley Act)
- Federal Government enforces interests by controlling funding Federal
Legislation
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2. Regulations (Administrative)
- Agencies administer programs, distribute funds, identify goals, and
provide technical support to state and local agencies
- Proposed regulations announced publicly, with 30-90 day period for
public comment
- Agencies include DOA, DOD, DOEd, EPA, DOJ, DOL, and HHS
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3. Cases (Common Law)
- Purpose: to resolve adversarial disputes
- Superior courts hear cases referred by lower (trial) courts on appeal,
or cases involving constitutional interpretation
- Supreme Court reserves the right not to hear a case if insignificant
or inappropriate
- Courts either agree with established precedents (“stare decisis”)
or overrule prior decisions
- Appellate courts can agree with the facts held by lower court but
still recommend reconsideration (“remand”)
- Supreme Court often recommends Congress to amend constitution
- State courts rule on procedures specific to the state
- Highest court usually called State Supreme Court or Supreme Judicial
Court
- New York supreme court called the Court of Appeals
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Reference Material: Cases
- Digests: Summary of Pennsylvania Jurisprudence 2d
- back issues only - Ref KFP65 .S86
- Legal Encyclopedias:
- 2002 Deskbook Encyclopedia of American School Law
- Ref KF4114 .D46 2002
- Guide to American Law: Everyone's Legal Encyclopedia -
KF156 .G77 1983
- Historic U.S. Court Cases, 1690-1990: an Encyclopedia -
Ref KF385.A4 J64 2001
- Legal Periodicals:
- Family Law Quarterly - back issues only - KF 501 .A3 F45
- Harvard Civil Rights-Civil Liberties Law Review - back issues
only - K8 .A68
- Harvard Law Review - Per K8 .A73
- Journal of Family Law - back issues only - K10 .O86
- Journal of Law and Politics - back issues only - K10 .O87315
- Law & Society Review - back issues only - K .L3
- University of Pennsylvania Law Review - back issues only
- K .U5
- Shepard's United States Supreme Court Case names Citator -
Ref KF 101.2 .S55
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Reference Material: Statutes
and Regulations
- Codes (annotated and official)
United States Code, Ref
KF 62 .A2
Purdon's Pennsylvania
Statutes, Ref KFP 30 .A52
- CIS Annual (Congressional Information Service) - back issues
only - Ref Z1223.Z9 C14
- Regulations:
- Code of Federal Regulations (CFR) - Ref KF 5401.A399 C6
- Federal Register - Ref KF 5401 .A4 F4
- Pennsylvania Code -
Ref KFP 35 .A26
- Pennsylvania Bulletin - Ref KFP 35 .A262
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General Internet Resources
CataLaw
Education law resources in US, Canada, and Australia.
Hieros Gamos
Links to US and worldwide education law resources.
FindLaw
Resources include articles, discussion groups, web links and related
subject guides.
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Primary Internet Resources
Federal Register
The daily publication covering the rules and regulations of legislation
as implemented by federal agencies. Covers 1995 to present.
Federal Register
Documents (Dept of Education)
This directory contains documents published in the Federal Register
by the US Department of Education.
GPO Access
Resources and links for accessing GPO information.
Individuals With Disabilities Education
Act (IDEA)
Information on training, regulations, updates and the law.
Legal
Information Institute (Cornell University)
Resources on US and NY state education law.
Pennsylvania Code
Searchable full text of the Pennsylvania code.
Thomas
Full-text legislation (bills and laws) of the US Congress from the 101st
congress. Summaries and status from the 93rd congress. Votes and Congressional
Record also.
US Code of Federal
Regulations
Annual codification of the rules and regulations of legislation as implemented
by federal agencies.
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