Analysis of Education Law Case Studies
The rulings of past cases are frequently used by courts or tribunals to pass judgment on similar case in the present. These kinds of judgments are recognized by nearly all countries across the globe, the principle of these judgments is commonly referred to as case law. This paper attempts to do an analysis of various major law cases related to education that get cited as precedent in today’s court cases.
The first case we analyze is relatively recent since it happened in 1995; United States v. Lopez. President Bush had put in place an act prohibiting possession of guns around schools. The act was called the “Gun-free school Zones”. A 12th
grade young man at a high school in Texas was arraigned in court for bringing a gun to school. He challenged the act stating that the Congress had no power to prohibit possessing guns around the school zones. The court ruled in favor of Lopez, the 12th grade student saying that Congress has surpassed its constitutional power.
The second case law we look at was ruled in 1985; New Jersey v. TLO. A schools vice principle forced TLO, a student at his school to hand over the purse for search after she was caught smoking. Bits and pieces of drugs were evident in her bag and TLO was charged with several offences and was later expelled. At the court, TLO’s lawyer argued that searching the bag and the unreasonable confiscations violated TLO’s Fourth Amendment right against such. Nonetheless, the student’s expulsion and charges were upheld and the school won the case since the search of the purse was reasonable in the circumstances.online paper writing
Third law case study involving education was ruled in 1972; Wisconsin v. Yoder. This was milestone case concerning the “free exercise clause”. Wisconsin had commanded that every child should attend school till he or she is beyond 16 years. One religious man by the name Jonas Yoder declined to send his kids to school beyond the eighth grade arguing that the children did not need to stay that long in schools to productively engage in agriculture. He went ahead to argue that their faiths would be corrupted if they went all the way to twelfth grade. The court ruled in favor of Yoder stating that public school values sharply conflicted with the teachings of his Amish religion. The court bowed out an exemption for the defendant.
Lastly, one of the most known rulings of the twentieth century was in 1954; Brown v. Board of Education. Brown was able to overturn an earlier ruling on Plessy v. Ferguson and set up an establishment to have people see that separate learning institutions were intrinsically unequal. The courts ruled that the dogma of “separate but equal” was in violation of 14th amendment clause of equal protection. The ruling commanded an elimination of lawfully racially separated schools. The impact of this case in the education sector cannot be understated since it formed the start of a long struggle to achieving actual integration and equality.