The origins and development of education law as a seperate field of law in the United States and Australia

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Considerable education legislation is passed in both the United States of America and Australia, and other nations, to govern educational activities at state and federal levels. In the US, educational challenges proliferate in the courts and students and parents seekfor appropriate educational provision or compensation. In Australia, while actions are not common, a considerable case law on a range of matters is in existence, and is growing. This article examines these contexts to argue that education law should be recognised as a legalfield, and that judicial determinations should recognise parameters of education law in decision-making.


Institute for Learning Sciences and Teacher Education

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Journal Article

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ERA Access