To uphold constitutionally approved teaching about religion (and refrain from unconstitutional religious indoctrination), schools are advised to adopt an approach that is academic, not devotional. Other responsibilities include, making sure that students' beliefs--especially those who are not religious or are otherwise in the minority--are never…

Recent decisions of the U.S. Supreme Court appear to create similar standards in employment discrimination cases harmonizing the theories of disparate treatment and disparate impact. Implications of the emerging judicial unification between the two theories are addressed and its relevance to school districts summarized. (MLF)

Uses recent freedom of expression cases to explore the effect of public opinion and pressure on U.S. Supreme Court rulings, through a simulation for secondary students. Students are assigned a pressure group to represent, discuss the facts in small groups, and formulate their decisions and arguments for class discussion. (LS)

To forestall sexual harassment law suits, higher education institutions should (1) adopt a position on faculty/student amorous relationships; (2) state clearly how complaints are handled and by whom; (3) actively educate faculty, staff, and students concerning sexual harassment; and (4) follow up any complaints and keep records of the responses.…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)

Discusses "National Labor Relations Board v. Yeshiva University," which ruled that college faculty were managers and thereby excluded from collective bargaining, focusing on why the Supreme Court classified professors as managers, whether the Court did something unusual in this case, or whether faculty is simply the unlucky vanguard of a…

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…

Courts have been reluctant to interfere with the decision-making authority of local school boards. However, a reduction-in-force (RIF) decision can be legally challenged by a discharged employee with evidence that the school board has either: (1) acted arbitrarily or capriciously, (2) failed to comply with procedural mandates, or (3) utilized…

A review of the problems of vicarious liability of parents for their children's vandalism to school property reveals that in all states parents can be held responsible if it can be established that the vandalism was the reasonably traceable result of lack of supervision or misdirected parenting. Almost all legislatures feel it is appropriate to…

A historical analysis of the laws surrounding college-fraternity relationships, governed by the first amendment to the Constitution, and the likely state of those laws following the 1984 Supreme Court decision in Roberts v. United States Jaycees, is presented. (MSE)

Though the framers of the United States Constitution recognized the value of an independent judicial system, they knew that to provide justice the courts must have some accountability to the government. They knew that the system must be transparent to the public. Though the basic framework of checks and balances in the U.S. Constitution clearly…

Every year the Supreme Court hears dozens of cases related to key constitutional issues. These cases can be used to teach enduring concepts in government and law. With this lesson plan, students learn about important concepts in Fourth Amendment law and stage a mock Supreme Court oral argument in small groups on a case decided in the 1999-2000…

This monograph was designed to assist school attorneys, school board members, and administrators in their efforts to prevent, respond to, and defend against claims of sexual harassment by employees. It includes discussion of the law relating to harassment of employees by other employees and employee harassment of students. Practical advice is…

The lower court findings and 1995 Supreme Court decision in Podberesky versus Kerwin, concerning the legality of race-exclusive scholarships, is reviewed and its implications on race-based financial aid awards are examined. Issues discussed include current Department of Education guidelines in this context, meeting institutional mandates to…