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The authors explore the judicial reticence to recognize educational malpractice as a viable tort of negligence.
List of contents
Chapter 1: Introduction: The Teacher and Educational Malpractice: A Paradox and a
Conundrum
Chapter 2: The Paradox of the Teacher as a Professional and Education as a Profession
Chapter 3: Malpractice a Tort of Negligence
Chapter 4: The Early Educational Malpractice Suits: A Failed Tort
Chapter 5: Higher Education Malpractice and Breach of Contract in the Time of the Pandemic
Chapter 6: Are Cracks Forming in the Educational Malpractice Wall? Viability, Gag Orders, and VAM
Chapter 7: Raising a Cautionary Flag in Response to Viable Educational
Appendix A: Table of Cases
About The Authors
About the author
Todd A. DeMitchell served as a teacher, principal, and superintendent for 18 years in the public schools before joining the faculty at the University of New Hampshire where he is currently Professor Emeritus of Education Law & Labor. He was the John & H. Irene Peters Endowed Professor of Education, the Lamberton Endowed Professor of Justice Studies, and was named Distinguished University Professor.
Richard Fossey is professor emeritus at the University of Louisiana at Lafayette, where he was the Paul Burdin Endowed Professor of Education; currently he is Professor Emeritus of Education Law & Policy. Previously, he was the Mike Moses Chair of Education at the University of North Texas and he practiced school law in Alaska where he represented school districts in Aleut, Athabaskan, and Inuit communities.
Terri A. DeMitchell is a former elementary school teacher, school law attorney (California), and university instructor in literacy. She is the author of award-winning historical novels and mysteries for young adult and middle grade readers and regularly publishes papers on legal issues affecting the teaching profession.
