Federal constitutional, statutory, and case law dealing with minority-targeted scholarships and admissions are reviewed. Applicable laws and standards, standing, admission and scholarship procedures, affirmative action, and holistic assessments are discussed. It is concluded that many existing affirmative action programs may violate the Fourteenth…

A 1976 court opinion that federal court is not an appropriate forum for reviewing public agency employment is undermined in a 1983 ruling that a teacher employment contract creates a property right sufficient to raise a claim. This conflicts with established doctrine and creats new uncertainty in public employment contract disputes. (Author/MSE)

The U.S. Supreme Court has ruled that a state law compelling a child's attendance at a public school constitutes a violation of the parent's liberty interest under the 14th amendment. In Canada, however, courts have held that their equivalent to the 14th amendment does not encompass the liberty of parents to choose how to educate their children.…

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…

The applicability of Fourteenth Amendment procedural due process to private colleges and universities is discussed. After considering state action in private higher education, cases from 11 federal judicial circuits are reviewed to show how courts have applied the various theories of state action. An emerging theory of state action that is…

Darwinian evolution is accepted by the great majority of scientists as the method by which the diversity of earth's organisms, including humans, evolved. Current research continues to expand our knowledge of evolutionary mechanisms. However, certain religious groups, supporting teaching the creation of earth's species as outlined in Genesis…

Examines the Supreme Court's historical treatment of the Bill of Rights and the Fourteenth Amendment to better understand the meaning of the Constitution's founding. That the Constitution does not offer an absolute protection is supported by analyzing a broad outline of the Constitution and several court cases involving due process. (TRS)

This article discusses Supreme Court cases bearing upon the legal parameters for permissible government regulation of religious elementary and secondary schools. Two legal strategies of religious interests, traditional and radical, are described, followed by a discussion of strategies at the state level. (TE)

Argues that educational justice requires that schools and educators take affirmative action to apply the principles of federal and state constitutional provisions, statutes, and cases to cyberspace (Internet) access. Describes demographics of "digital divide." Analyzes developing law of cyberspace and addresses its implications for law,…

On May 17, 2004, the United States will observe the fiftieth anniversary of the Supreme Court's landmark decision in Brown v. Board of Education of Topeka, Kansas. By invalidating the doctrine of "separate but equal" in the field of public education, a doctrine that had been approved by the same court nearly sixty years earlier in Plessy…

Aiming to educate adult learners on the United States Constitution and Bill of Rights, this teachers' guide focuses on cases and controversies about individual rights which are most relevant to the lives of adults. The worktext for adult learners provides some basic background information about the development and interpretation of the Bill of…

The phrase "excluding Indians not taxed" appears in both Article I and the Fourteenth Amendment of the US Constitution. This essay examines the phrases "excluding Indians not taxed" and "subject to the jurisdiction" of sections 1 and 2 of the Fourteenth Amendment as they apply to Indians. This essay, through analysis…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…