Explores the extent to which the Supreme Court's application of the First Amendment's prohibition against establishment of religion is forcing federal and state governments to forgo distributive justice for needy children. Examines possibilities for greater distributive justice. (MLF)

The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

Analyzes Judge Potter Stewart's voting record on First Amendment cases and concludes that he is one of the strongest supporters of the First Amendment on the Supreme Court. (FL)

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)

Argues that the Supreme Court has two definitions of religion and that secularism qualifies under one of them, that public schools foster secularism, and that separation of church and state should be replaced by court approval of "religious balance." Available from J. Reuben Clark Law School, Provo, UT 84602. (Author/IRT)

This case is significant because it goes further than any other earlier decision in describing the outlines of the substantive due process concept as it applies to school discipline. (Author)

Proposes that the courts order school authorities to cut programs as necessary to fund desegregation rather than order a tax that has been prohibited in the state or locale. Available from Michigan Law Review, Hutchins Hall, Ann Arbor, MI 48109. (Author/IRT)

In "Clark v Whiting," a federal appeals court affirmed the district court's dismissal of a biology teacher's suit contending that he was denied due process and equal protection in being refused promotion to full professor. (IRT)

Argues that increased federal regulation in the name of accountability will diminish the quality and innovative capacity of higher education. Examines pending litigation that would automatically subject a college to federal regulation if its students accept federal aid and thus become "conduits" of federal assistance to the institution.…

Examines the interpretation and application of the Supreme Court's decision in "Brandenburg vs. Ohio" which prohibits states from limiting political speech unless it is directed at inciting imminent lawless action. Presents four patterns in interpretation characterized by immediacy, speaker's intention, advocacy of nonviolent victimless…

From the 1940s to the 1970s, the numbers and outcomes of court decisions escalated dramatically in favor of students, employees, and other individuals suing school districts. Today, the overall trend of education litigation favors school officials. The single exception is the category for special education. Since passage of the original special…

The "Horowitz" and "Ewing" decisions defined the rights to due process in academic matters on the public postsecondary campus. This study bring the law forward since the 1978 and 1985 Supreme Court decisions by identifying and analyzing 59 cases. (142 footnotes) (MLF)

Two recent court decisions--one from the state of Washington and the other from Indiana--demonstrate that the Individuals with Disabilities Education Act's strong presumption in favor of mainstreaming disabled children has its sensible limits. (MLF)

Discusses a Pennsylvania case to determine whether a school district is liable for monetary damages involving a teacher's sexual abuse of a student. The case turns on the meaning of "appropriate person" under the U.S. Supreme Court's Title IX analysis. (PKP)