North Hall Library


Ed Law

Books & Journals


  • Encyclopedia of Education Law - Ref KF4117 .E53 2008
  • Wrightslaw: Special Education Law - Ref KF4209.3 .W75 2007
  • Historic U.S. Court Cases:  An Encyclopedia - KF385.A4J64 2001
  • United States Supreme Court Education Cases - KF 4110.3 .U15 2001

Legal Periodicals (check the Journals List-some older ones in library, newer issues online):

  • Brigham Young Univeristy Education and Law Journal
  • Education and the Law
  • Family Law Quarterly
  • Harvard Civil Rights - Civil Librerties Law Review
  • Harvard Law Review
  • Journal of Law and Politics
  • Law & Society Review
  • Special Education law Monthly
  • University of Pennsylvania Law Review

Online Reference Materials

  • Full-text legislation (bills and laws) of the US Congress from the 101st (1989) congress to present. Summaries and status from the 93rd (1973) congress to present. Votes and Congressional Record also.
  • The daily publication covering the rules and regulations of legislation as implemented by federal agencies. Covers 1995 to present.
  • Annual codification of the rules and regulations of legislation as implemented by federal agencies.

Three Types of Law: Statutes, Regulations, & Cases

In the US there are three types of laws:

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

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

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