In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

Provides a brief background on the development of the concept of right-to-work statutes in the private sector under the National Labor Relations Act; reviews right-to-work statutes in public education and examines the status of fair-share agreements. (Contains 23 references.) (Author/PKP)

In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

In "United States v.Lopez," a highly fractured United States Supreme Court, in a five-to-four ruling that generated six different opinions, affirmed that Congress had exceeded its authority in adopting the Gun-Free School Zones Act. Provides an in-depth examination of the Court's ruling and concludes with an analysis of the legal issues…

In "Lehnert v. Ferris Faculty Association" the Supreme Court agreed that local unions can charge nonmembers for some parent-organization expenses not directly related to bargaining. Contends that the decision weakens the academic freedom for college and university faculty members who do not wish to voluntarily support union activity. (21…

Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)

The Supreme Court's ruling in "Missouri versus Jenkins" signalled a further retrenchment in the struggle to end racial segregation in the schools. The majority held that the federal district court exceeded the bounds of its broad discretion in its mandated desegregation remedy. Reviews the Court's holding in detail and reflects on the…

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

Traces the judicial history of the Supreme Court's ruling in "Jenkins" that federal judges have the authority to order local governments to increase taxes to pay for the cost of integrating a school system. Praises the Supreme Court for acting when state laws and local taxpayers fell short of providing the necessary funds to implement a…

Reviews "Waters," a Supreme Court ruling involving the dismissal of a nurse for allegedly making critical remarks about institutional policy, against the backdrop of other higher education-related free speech cases. Speculates on "Waters'" influence on the free speech rights of college and university educators. (110 footnotes)…

The United States Court of Appeals for the Fourth District, although stopping short of ordering the Virginia Military Institute (VMI) to admit women, ordered VMI to implement a program which comports with the requirements of equal protection. Offers an analysis of the Fourth Circuit's ruling, a discussion of important educational questions, and a…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Discusses a court ruling that Charles E. Curran, a tenured Professor of Theology at the Catholic University of America, had no right to continue to teach theology courses in the face of a definitive judgment by the Roman Catholic Church. (MLF)