A superintendent's decision to stop presentation of a high school play was upheld by the court over a challenge that the students' First Amendment right of expression had been unconstitutionally abridged. The case has implications for other cases involving student First Amendment claims. (MLF)

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)

The perception of an "explosion" of education litigation expressed by federal officials and by the relevant literature is incorrect. Summarizes the findings of previous research and of the present study to answer the frequency question, and reveals findings as to United States Supreme Court decisions. (MLF)

This chapter discusses litigation concerned with collective bargaining issues at the postsecondary level. The material is organized to follow the basic sequence of steps in the negotiation process, from the rights of organization to the issues of arbitration. Issues covered include determination of bargaining units, scope of bargaining, union…

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

Higher education collective bargaining cases reviewed in this chapter follow the basic sequence of steps in the negotiation process, from issues of the rights of organization and negotiation through scope of bargaining, bargaining conduct, and union security to the ultimate problems of strikes and contract enforcement. Within this common outline,…

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

Describes Illinois case involving the expulsion of five students for a gang-related brawl at a high school football game in Decatur. Students brought suit against the school district claiming violation of their 14th Amendment right to procedural due process. Both the federal district court and court of appeals rejected the students' claim.…

Addresses a Seventh Circuit ruling that treats parental hostility as a factor in determining the appropriateness of an individualized education program. Asks what are the alternative and appropriate means for counteracting undue parental hostility in cases under the Individuals with Disabilities Education Act and related laws. (60 references) (MLF)

This second chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting collective bargaining between staff members and management representatives in public education. Among the topics examined are constitutional issues associated with distribution of union materials, union…