Freedom of association is a fundamental right guaranteed by the first amendment. This encompasses the right of individuals to voluntarily join and leave groups, as well as the right of individuals to form groups to pursue common interests. This right makes it possible for people with diverse opinions to live peacefully in pluralistic communities…

A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)

This collection of research findings by several organizations quantifies public ignorance of the U.S. Constitution and the success of the "We the People...The Citizen and the Constitution Program" in addressing the problem. Surveys by the American Bar Association, the Hearst Corporation, the National Assessment of Education Progress, the…

When considering student expulsion, it is important to keep complete records of all hearings and proceedings. Reviewed is a recent Pennsylvania court case in which a board decision to expel two students was overturned in the courts because no hearing records were kept. (MD)

Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)

Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…

The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented.…

The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)

This catalog was developed to provide useful information about the many "Teaching Law to the Public" law school-based projects operating around the country in 1993-94. Aimed at law school project staff members, it is a handy reference to other law school programs. The catalog also is intended as a guide for everybody involved in…

This document reviews the results of a study of five Ohio Supreme Court cases concerning the equalization of property assessments among the various classes of real property: commercial, industrial, residential, and agricultural. Each of the decisions--occurring between 1964 and 1980, and involving the Park Investment Company--is briefly summarized…

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

This paper examines four issues related to religion and the public schools: (1) released-time education; (2) variations in interpretation of court decisions; (3) teacher attitudes toward religious instruction; and (4) freedom of religious expression. Released-time education programs were held to be constitutional in "Zorach v. Clauson."…