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The zero tolerance policies that have often been put into place in order to safeguard against lawsuits from repeated transgressions are one of the clearest examples of the unfairness of things in the current climate. The story of the six-year-old suspended for brining her grandfather's pocket knife to show and tell is proof positive that the humanity has been litigated out of education. Again, safety is paramount, and it is more than understandable that a school would want to ban weapons from its grounds. At the same time, however, the teacher that suspended this student must certainly have felt a great deal of fear regarding her job and the possibility of other legal issues had she failed to strictly apply her school's standards.
Fear seems to be the dominant motivator for many actions in the climate of litigation that permeates the public education sector. More than anything else, this is what is behind both the policies of the school and the teachers who must attempt behaviors and reactions that are entirely uniform to every student and in every situation, which is antithetical to the real education process. There has to be a real human connection between educator and students, and between and amongst...
Instead, there is personal fear on the part of the teachers and a notable sense of resignation on the part of administrators when it comes to truly trying to weed out and address problems in a specific, case-by-case manner instead of bowing to pressures from parents who have become overly willing to resort to legal avenues when they aren't getting their way, or believe that they are acting in the best interests of their child even at the cost of other children's education.
It is actually somewhat alarming that more educators aren't pushing for larger changes, but are willing to accept and even desirous of only modifications to the current system. Though there should certainly be methods for parents to address the issues they perceive in the children's educational environment, the court system should not be able to intervene quite so easily in the conducting of day-to-day affairs in public schools. This draws attention and resources away from instances of serious abuse when they occur, and has larger detrimental effects on the overall education process and experience that far outweigh any additional protection such measures provide.
The last two findings justified the need for these things to ensure the safety of the children. It was mentioned in the article that while "the ramifications of the 'legalization' of education are distasteful and sometimes disturbing," nevertheless "lawsuits and procedures are the price [to be paid] for protecting children" and that they are willing to pay this price rather than risk the safety and well-being of their students. Children
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that
Employment Discrimination at Wal-Mart Foundation of the Study This study examines the legislative and judicial climate that enables corporations like Wal-Mart to engage in practices that violate workers' rights. The popular consensus is that Wal-Mart, the largest retail store in the United States, displays an inordinate disregard for the human dignity and morale of its employees and, despite continual litigation, continues to blatantly violate the legal rights of its employees. Wal-Mart faces
It is in the nursing homes job description, that the nursing staff employed should be certified, and be able to perform a number of tasks in order to better understand the patient. This includes an assessment of the patient's mental status and thought process, an understanding of the patient's health concerns, ailments and other physical issues, with an open discussion between the nurse and the patient of anything troubling
Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and brings suit on behalf of the entire class against the defendant. In a class action, Merck would be able to deal with multiple claimants at once, minimizing legal costs
Race and Arrests Racial Profiling, according to the American Civil Liberties Union (ACLU), is a "longstanding and deeply troubling national problem." It involves police and private security personnel targeting people of color based on suspicions, in most cases, that the individual being targeted is up to something illegal. The ACLU states that racial profiling "occurs every day," and the result for the innocent person of color is often a "frightening detention,