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)

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…

Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…

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)

The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…

Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)

Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at "others,"--those who are known or assumed to be guilty of school rule violations or criminal…

This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

Discusses the federal constitutional limits placed on school officials in various attempts to reduce crime in their schools. Describes searches of a student's person and belongings, school lockers, and the use of metal detectors. Possible pitfalls for schools in their efforts to reduce crime include due process requirements. (97 footnotes) (MLF)

Suggests that it is necessary to protect the privacy of government procedures that could compromise security, yet there is also a need to revise and fine-tune legislation that expands government authority. Asserts that all major corrections in the delicate balance between public safety and civil rights typically require corrections themselves. (NB)

Various social changes have diminished the authority of school officials, deemphasized the school role, and altered the options regarding school discipline. School officials must recognize when and how they should utilize police expertise and when they must submit to police jurisdiction over student-committed crime in schools. (Author/MJL)

Reviews four recent cases decided in state and federal courts. The cases focused on due process in student suspensions, the use of unlawfully obtained evidence in disciplinary hearings, unacceptable methods for handling personnel conflicts, and the application of voluntary affirmative action policies during periods of staff reduction. (PGD)

Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses social forces that affect the school curriculum regarding legal rights of public-school students. It identifies areas of concern and recommends methods for ensuring that the legal rights of students are…

Court cases involving the relationship between institutions of higher education and their students during 1980 are discussed in this sixth and final chapter. A number of cases concerned constitutional issues such as rights of expression, due process, and association; separation of church and state; and freedom from undue search and seizure. Also…