A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

In "Boring v Buncombe County Board of Education," a high school teacher sued a school board over her transfer to a middle school. At issue is a board's power to control the curriculum and a teacher's right to academic freedom, specifically selecting a controversial play for four students in advanced acting class. (MLF)

A recent decision by the 8th U.S. Circuit Court of Appeals in a case from Arkansas centered on a vicious letter written by an 8th-grade boy about his former girlfriend and turned over to school officials. The court ruled for the school district in expelling the student for the year, without allowing him to attend an alternative school. Argues that…

Delineates the federal judiciary system's creation and evolution. Describes original judicial legislation, illustrating the judicial pyramid: district courts at the base, followed by federal circuit courts, with the Supreme Court at the apex. Identifies first Supreme Court justices. Observes that John Marshall's 34 years as Chief Justice firmly…

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

Based on past incidents involving racial tension and student wearing apparel that displayed the Confederate flag, a South Carolina middle school prohibited clothing with the Confederate flag visible. Judge William B. Traxler Jr. ruled for the district. Advises administrators that they can regulate or ban expressive conduct by students only if…

The traditional approach of the courts was to accept as "reasonable cause" for teacher dismissal any conduct that set a bad example for students. This chapter examines a cross-section of cases illustrating recent court decisions in this area and attempts to identify any consistent patterns of adjudication and their implications for school…

The purpose of the research was to provide practitioners in the public schools with an empirical basis for their efforts to find the proper place of religious ritual and instruction in the school setting. This paper analyzes two Supreme Court decisions regarding prayer and Bible reading in the public schools: (1) "Engel v. Vitale"; and…

The goal of this mock trial is to dramatize the Federalists' struggle to strengthen their control over the judicial branch of the U.S. government after losing the Presidency and Congress in the 1800 election. This mock trial reveals the personalities of key historical figures, such as Jefferson, Madison, and Marshall and distinguishes how they…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

One of the most important ways that individual citizens become involved in the federal judicial process is by serving on a jury. Jury service is one of the few legal responsibilities citizens in the United States have to their government. Though some people complain about the imposition of serving on a jury, many find that their service gives them…

In "Rowinsky" the Fifth Circuit ruled that Title IX does not entitle a student to recover damages from a school district for peer sexual harassment. However, three federal district courts and the Eleventh Circuit have joined the trend of holding school districts liable. Follows the Eleventh Circuit's approach and advises school districts…

A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)