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Stader, David L. – 2001
A review of legal decisions provides thought-provoking considerations for administrators who want to deter drug use on campus. The United States Supreme Court has recognized that even a limited search of students is a substantial invasion of privacy, but also that school officials need to maintain school discipline. Guidelines for the…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Search and Seizure

Atwater, Tony – Journalism Quarterly, 1983
Argues that while the Privacy Protection Act of 1980 appears to reverse the "Zurcher v. Stanford Daily" decision, loopholes may permit some newsroom searches. (FL)
Descriptors: Court Litigation, Due Process, Freedom of Speech, Journalism
Atwater, Tony – 1981
As a means of providing additional search warrant protection for the news media and others engaged in public communications, the United States Congress adopted the "Privacy Protection Act of 1980." Legal and documentary research conducted over a period of two years has revealed a potential defect of the statute relating to the court…
Descriptors: Civil Liberties, Court Litigation, Federal Courts, Legal Problems
Sherer, Michael D. – 1983
Noting that there are no easy answers when a photojournalist is subjected to a legal request for his or her work products from governmental officials, this paper examines how state and federal laws and court decisions have both enhanced and inhibited a photojournalist's right to protect negatives, photographs, films, and videotapes from government…
Descriptors: Civil Liberties, Court Litigation, Freedom of Speech, Government Role

Bailey, Kirk A. – Psychology in the Schools, 2001
Discusses how predicting violent activity with a youth violence profile in school raises legal concerns focusing on the validity and use of profiles as social science evidence: the impact of potential discrimination, search and seizure, and the implications for privacy. Argues that these issues rest on fundamental concerns about the general…
Descriptors: Legal Responsibility, Predictive Measurement, Privacy, Schools
Murray, Kenneth T. – 2002
This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts

Essex, Nathan L. – Clearing House, 2004
To search or not to search is a perplexing issue facing school leaders. On one hand, school officials are responsible for providing a safe and orderly learning environment for all students. On the other hand, they must recognize and respect students' personal rights. Achieving this delicate balance often is difficult for school officials. This…
Descriptors: Student Rights, Police, Crime, Court Litigation
Miller, Thomas E.; And Others – Southern College Personnel Association Journal, 1979
Reviews court decisions concerning search and seizure, intervisitation between sexes, canvassing and solicitation, and damage assessments. College administrators must rely on fairness, ethics and sound educational philosophies in the design of policies affecting residence halls. (JAC)
Descriptors: Administrators, College Housing, Compliance (Legal), Court Litigation
McCune, Tim – Updating School Board Policies, 1994
This article examines the role of technology in an attempt to curb school violence. Despite an increasing national focus on school violence and schools' growing desire for hardware to deal with the problem, the role of technology in making schools safer remains ill-defined and undecided. However, some educators caution that the use of technology…
Descriptors: Crime Prevention, Elementary Secondary Education, Federal Legislation, School Policy

Stevens, George E. – Journal of Law and Education, 1980
Focuses on the last 15 years of privacy cases involving students. The cases examined cover the areas of searches, the family relationship, personal autonomy/appearance, and information privacy. (IRT)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education

Gross, Norman – Update on Law-Related Education, 1978
Questions whether school officials are justified by the Fourth Amendment in searching students and/or student lockers in public schools. Various case studies are discussed as examples to consider in deciding about responsibilities, powers, and limitations of school officials, and in determining student rights. Journal availability see: SO 507 249.…
Descriptors: Civil Rights, Court Role, Educational Environment, Legal Education

Parrish, Bradley W.; Fern, Michael Scott; Dickman, Marcia M. – Journal of College Student Development, 1998
The current case law that impacts search and seizure decision making is presented as it is interpreted in matters of policy and procedure in university-owned housing. Implications for the practice of student affairs are discussed as they affect a university's ability both to provide an academic environment and to protect the rights of residents as…
Descriptors: College Housing, Court Litigation, Educational Environment, Higher Education
Minnesota House of Representatives, St. Paul. Research Dept. – 1989
This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…
Descriptors: Constitutional Law, Court Litigation, Drug Use Testing, Educational Legislation
Baker, Kelley – 1983
The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Federal Courts
Stefkovich, Jacqueline A. – 2002
This paper presents court cases for the purpose of updating current knowledge on search and seizure of students in the school setting. These cases focus on the balance and interplay between students' Fourth Amendment rights and school administrators' obligations to maintain order and discipline in the schools. Part of this obligation implies…
Descriptors: Administrator Responsibility, Civil Rights, Constitutional Law, Court Litigation