Challenges to the admissions processes of colleges and universities have been successfully lodged on both contract and due process (14th Amendment) grounds. Reviews and categorizes these cases and suggests steps institutions can take to avoid litigation. (MLF)

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)

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Reviews recent court litigations concerning the rights of students to invoke the Fifth Amendment in school disciplinary hearings. Concludes that Miranda warnings (informing suspects of their right to remain silent) are not required when student infractions have not violated criminal statutes and that student self-incrimination may be used as…

Presents 11 guidelines, based on constitutional requirements, to help the school administrator to develop a firm and fair student discipline code. Condensed from "A Legal Memorandum", March 1981, published by the National Association of Secondary School Principals, Reston, Virginia. (Editor/SJL)

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

A previous analysis (Prairie and Chamberlain, 1994) of college and university due process rights when accreditation is threatened, which argues that accrediting agencies are quasigovernmental bodies and should be subject to constitutional due process constraints, is criticized. Recent trends in litigation concerning due process, recent…

Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

A guide is presented for faculty members and administrators about circumstances in which faculty may speak freely on issues and what procedural safeguards are applicable when disciplinary actions are contemplated. Issues of contracts, interests conflicting with the state's, tests for violation of First Amendment rights, defenses, and remedies are…

Briefly reviews the historical development of civil procedure (the rules that dictate how a civil case can proceed through the courts) and identifies some of its main components. Discusses procedures such as subject matter jurisdiction, personal jurisdiction, venue, discovery, motions practice, pleadings, pretrial conference, and trials. (MJP)

This document focuses on cases brought by Minnesotans to the U.S. Supreme Court. The five lessons featured are designed to provide secondary classroom teachers with material needed to teach each unit. Lessons cover Supreme Court proceedings, free press issues, freedom of religion, abortion rights, and privilege against self-incrimination.…

Designed to acquaint high school students with those areas of the law that they are most likely to come in contact with, this series of 15 lessons can be used in government, citizenship, law, family living, and economics classes. Although originally developed to be used with a television series, the document can be adapted to other uses. Following…

The First Amendment protects editors of school newspapers. Accordingly, school policy should offer students due process rights, and the newspaper adviser, who is instrumental in controlling the content of student publications, should be chosen with care. (TE)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…