Arm yourself with the facts educators need to respond effectively when litigation is imminent!
While jury trials are popularly construed as criminal matters, it is civil litigation that increasingly involves the participation of school educators. In recent instances, education leaders have been parties to, or participants in, legal cases ranging from employee discrimination to alleged criminal negligence. In response to this trend, legal experts and frequent consultants to attorneys Robert Shoop, a network news program regular on legal topics, and Dennis Dunklee, a 2005 participant in the Oxford University Roundtable on Education Law, have authored this indispensable text to arm educators with the essential information they need to understand and prepare for potential litigation.
Five sections cover the legal basics necessary to:
- Understand the court and jury system
- Support and work effectively with attorneys
- Appreciate the nuances of litigation
- Reduce the potential risk of litigation by understanding and practicing preventive law
- Assist in the legal process by serving as an expert witness
With this essential resource, educational leaders can learn how to prepare effectively, respond appropriately, and help achieve positive outcomes when faced with litigation.
Innehållsförteckning
Advisement
Acknowledgments
About the Authors
Introduction
Section I. A Review of the Legal Environment and the Function of Law
1. Why Me?
2. Overview of the Organization of Courts and the Legal Environment
Section II. The Process of Litigation
3. Annie’s Case
4. The Litigation Process
5. Working With an Attorney: Attorneys’ Considerations in Deciding Whether to Accept a Case
6. Courtroom Environment: You May Feel Small
7. The Trial
8. Managing and Surviving Litigation Stress
Section III. Verdict and Analysis
9. Smith v. Red Ridge Unified School District No. 435 (Annie’s Case)
Section IV. Your Role as an Expert Witness
10. Serving as an Expert Witness
Section V. Managing Your Risk of Litigation
11. Concluding Thoughts
Index
Om författaren
Dr. Dennis R. Dunklee is an Emeritus Professor in the Education Leadership Department in the Graduate School of Education at George Mason University. During his twenty-five years in public schools, he served as a teacher, elementary school principal, junior high and middle school principal, high school principal, and central office administrator. During his more than twenty years at George Mason University, he taught courses in education law and school leadership and served as an advisor and chair for master’s and doctoral candidates in school leadership.Because of his expertise and practical experience, he continues to be frequently called on to consult in the areas of effective schools, school law, administrator evaluation, instructional supervision, school-community relations, problem solving, and conflict resolution. In addition, he continues to be actively involved as a consultant and expert witness in numerous school-related lawsuits nationwide. As a university scholar and researcher, he has published, and continues to publish, textbooks, monographs, and articles on issues in the fields of school law, business management, administrative practice, and leadership theory. He also continues to present papers at international, national, regional, state, and local conferences and is a widely sought-after clinician for inservice workshops. Dr. Dunklee was an invited participant and presenter at the 2005 Oxford (University) Round Table on Education Law: Individual Rights and Freedoms.He received his Ph.D. in school administration and foundations from Kansas State University. His major area of research was in the field of education law, and his dissertation was on tort liability for negligence. He holds a master’s degree in elementary and secondary school administration from Washburn University.This is Dr. Dunklee’s eighth book for Corwin Press. His other Corwin books are You Sound Taller on the Telephone: A Practitioner’s View of the Principalship (1999); If You Want to Lead Not Just Manage (2000); The Principal’s Quick Reference Guide to School Law (2002 and 2006, with Robert J. Shoop); Strategic Listening for School Leaders (2005, with Jeannine Tate); Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions (2006, with Robert J. Shoop); and Poverty Is NOT a Learning Disability (2009, with Tish Howard and Sandy Grogan Dresser).
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