Sample Essay on:
Agency and Employee Accountability in Cases of Negligence: The Legal Issues of Employee Credibility and Training

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Essay / Research Paper Abstract

An 8 page assertion that our educational arena has been subject to many challenges and disappointments. At the center of many of these is the issues of employee credibility and training. That the educational system has a problem is not an issue of contention. What is questionable in the current day legal environment, however, is whether or not employees and school districts can be held legally liable for the educational inadequacies which result from inadequate teacher qualifications and training. This paper utilizes the Supreme Court cases of Monroe Vs Pape (1961), Monell Vs Dept of Social Services (1978), City Of Oklahoma Vs Tuttle (1984), Daniels Vs Willaims (1986), Davidson Vs Cannon (1986), and City of Springfield Vs Kibbe (1987) to add insight to that question. All illustrate the delicate balance between employee liability and negligence on the part of the agency when employee credibility is challenged. Bibliography lists 5 sources.

Page Count:

8 pages (~225 words per page)

File: AM2_PPcivRt2.rtf

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Unformatted sample text from the term paper:

Our educational arena has been subject to many challenges and disappointments. At the center of many of these is the issues of employee credibility. That the educational system has a problem is not an issue of contention. What is questionable in the current day legal environment, however, is whether or not employees and school districts can be held legally liable for the educational inadequacies which result from inadequate teacher qualifications and training. These issues have a long legal history. In fact, in many cases they date all the way back to the post Civil War years. There were some positive aspects of the reconstruction years for blacks. The Freedmens Bureau was charged with protecting the rights of the Southern Negroes. The Bureau sat up schools and hospitals to tend to their needs, obtained jobs, and looked after other human rights issues. Education was indeed of paramount importance to the betterment of the black plight. Unfortunately much of the opportunity which was immediately available to blacks after the War would be gnawed away by persistent whites who still resented black equality. Although the 13th Amendment was ratified in December of 1865, its provision that "neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction" was not immediately upheld. Blacks were, in fact, forcibly denied basic human rights and finally in 1871, after a continued increase in violence, an Enforcement Act was passed which severely punishing those who attempted to deprive the blacks of their civil rights. ...

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