Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Examines provisions of the South African Constitution pertaining to pupil rights in conjunction with the construction the United States Supreme Court has placed on corresponding provisions of the U.S. Constitution. (46 footnotes) (MLF)

Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…

Cites the benefits and dismisses several criticisms of school reform litigation, noting that recourse to the courts can be necessary but urging the development of alternative methods for encouraging action on needed reforms. (PGD)

The outcome of legal battles regarding student dress codes often depends on how the issue is characterized; words used in the code; the geographic area of the conflict; on the ideological trend of the Supreme Court and the political/social climate of the country; and judicial inactivism of the Court. Applies these variables to two Jefferson…

Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)

Among types of school choice plans, most important distinction is between plans within preexisting public schools and plans that provide opportunities for students to move, at government expense, into otherwise private schools. Discusses five developments that have moved different but overlapping constituencies behind school choice. Discusses role…

In eight chapters, this work emphasizes that collective bargaining activities fall within a framework of rules. Chapter 1 centers on constitutional rights and torts. Good faith bargaining is the focus of chapter 2. The activities of public employment relations agencies are discussed in chapter 3. Chapter 4 concentrates on resolving impasses. The…

An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…

In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…

Religious rights of teachers are affected in three primary areas of activities: (1) outside the school environment; (2) inside the school environment; and (3) inside the classroom. These issues are examined from the perspective of the constitutional principles involved. (MLF)

In considering the suspension of three Des Moines students for wearing armbands to protest the Vietnamese War, the U.S. Supreme Court held that public school officials' prohibition of student expression violates the First Amendment. This article reviews this landmark case, employing interviews with the plaintiffs' and district's lead counsels.…

In 1998, the Wisconsin State Supreme Court reversed the decision of the appellate court and ruled that the amended Milwaukee Parental Choice Program (MPCP) did not violate the Establishment Clause or the Wisconsin Constitution. Examines the constitutionality of vouchers for both secular and sectarian private schools, as well as the policy…

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)