The Fourth Amendment search and seizure law is one of the most technical and difficult areas in all of law to understand. Some Fourth Amendment Supreme Court cases are discussed. (RM)

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…

The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)

Like other institutions, schools are occupied by people whose duties and liberties are in conflict. Understanding the Bill of Rights can help resolve school problems as well as major social problems outside the court system. Students should value the first eight constitutional amendments as not tied to majority rule and should study them…

Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)

How the law deals with the question of "Should students have rights in school?" is examined. One specific area of possible rights in schools--the question of searches of students by school officials--is discussed in depth. (RM)

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

In response to an earlier article by Eugene Lincoln, presents two hypothetical cases that respectively deal with the possible effects of drug use on school premises and with a policy governing mandatory urine testing for student athletes. Cites factors that should be incorporated in any mandatory drug testing policy. (MLF)

Detection of drug users at school is a problem complicated by recent New Jersey court cases upholding students' privacy rights against mandatory medical examinations and search-and-seizure actions. Requiring confidential medical screening by private physicians for sports and other extracurricular activities is an alternative strategy offering…

The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…

This paper examines what is known about the link between court decisions and changing school discipline practices; proposes a variety of studies to add to knowledge in this area; and contains suggestions on ways that research findings can be used to improve the ongoing legal education of school personnel. The complex nature of some of the Supreme…

A wide variety of contemporary legal issues, involving all levels of public and private education, are addressed in the 20 separate chapters comprising this volume. The titles and authors of the chapters are as follows: (1) Due Process of Law: Loudermill v. Cleveland Board of Education (Hooker); (2) Schools, Technology and the Law (Helm); (3)…