A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

This article reviews the impacts of the civil rights policies framed in the 1960s and the anti-civil rights political and legal movements that reversed them. It documents rising segregation by race and poverty. The policy reversals and transformation of U.S. demography require a new civil rights strategy. Vast immigrations, the sinking White…

This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

The present article, a cross-case analysis, analyzes one aspect of the implementation of the No Child Left Behind Act (NCLB) that has generated conflict between the U.S. Department of Education and the federal court system. The conflicts arose between the courts' oversight of desegregation and the implementation of the public school choice…

If a suit is brought as a class action, either plaintiff or defendant may move to uphold or challenge class certification. If neither does so, the court decides whether the action may be maintained as a class suit. Prerequisites for class certification from Rule 23 (Federal Rules of Civil Procedure) are explained. (TE)

Offers brief summaries of upcoming Supreme Court cases that have implications for education, including two cases involving religion, affirmative action, and school policy regarding employees and students who have Acquired Immune Deficiency Syndrome (AIDS) or carry AIDS antibodies. (DMM)

Analyzes U.S. Supreme Court decisions as speech acts to determine how the opinions communicate the legitimacy of the court's decisions and secure the consensus of the discourse community, investigating such aspects as institutional context, the adversarial context of legal communication, the grammar of conflict, and the rhetoric of discovery. (64…

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

Concludes that federal courts subpoena reporters less often and uphold subpoenas less often than do state courts. (FL)

Illustrates how the Supreme Court has been divided in its 1989 decisions on affirmative action. Reviews the following cases: City of Richmond v. J.A. Croson Co.; Price Waterhouse v. Hopkins; Wards Cove Packing Company, Inc. v. Antonio; Martin v. Wilks; Lorance v. AT&T Technologies, Inc.; Patterson v. McLean Credit Union; and Jett v. Dallas…

Legal and practical considerations are discussed concerning whether school systems should participate in the nationwide class action suit against asbestos manufactureres or file suit on their own. Other topics discussed include grooming rules in sports, unnecessary litigation, and immunity from civil rights lawsuits for school officials. (TE)