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Laws, Policies, & Programs
Fourth Amendment | 16 |
New Jersey v TLO | 12 |
First Amendment | 3 |
United States Constitution | 2 |
Bill of Rights | 1 |
Establishment Clause | 1 |
Fifth Amendment | 1 |
Telecommunications Act 1996 | 1 |
Tinker v Des Moines… | 1 |
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Mondschein, Eric S.; West, Michael A. – 1978
This paper reviews the application of the Fourth Amendment, which protects persons against unreasonable search and seizure, as it applies to the student-college relationship. The topics discussed in terms of federal and state court decisions include warrantless searches, delegation of authority to conduct searches, notice of identity and purpose…
Descriptors: College Students, Court Litigation, Dormitories, Higher Education

Johnson, Jeffery L.; Crowley, Donald W. – Educational Theory, 1986
In New Jersey v. T.L.O., the Supreme Court found that students have a right to personal privacy but that school officials need not obtain warrants to conduct searches if suspicion of wrongdoing is reasonable. The authors argue that the Court undervalues privacy and that students' right to privacy should be increased. (MT)
Descriptors: Elementary Secondary Education, Privacy, School Policy, Search and Seizure

Atwater, Tony – Journalism Quarterly, 1983
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)
Descriptors: Court Litigation, Due Process, Freedom of Speech, Journalism
Rossow, Lawrence F.; Stubblefield, Brenda L. – West's Education Law Quarterly, 1992
Unanimous U.S. Court of Appeals for the Sixth Circuit upheld the strip search of a student. Since first case was decided in 1973, no other court has been willing to uphold this highly intrusive search method. Asks why the Sixth Circuit is willing to set aside what has been the concern of the judiciary for the past several decades. (MLF)
Descriptors: Court Litigation, High Schools, School Law, School Safety
Franco, Stephanie L. – Quill and Scroll, 1994
Sets out the legal standard to which school officials must adhere in conducting a search of students or their belongings. Offers some suggestions for school newspaper editors regarding their role in seeing that these guidelines are followed. (SR)
Descriptors: High Schools, Legal Problems, School Law, School Newspapers
Atwater, Tony – 1981
As a means of providing additional search warrant protection for the news media and others engaged in public communications, the United States Congress adopted the "Privacy Protection Act of 1980." Legal and documentary research conducted over a period of two years has revealed a potential defect of the statute relating to the court…
Descriptors: Civil Liberties, Court Litigation, Federal Courts, Legal Problems
Bjorklun, Eugene C. – West's Education Law Quarterly, 1993
Examines recent court decisions regarding the legality of drug-testing programs aimed at student athletes. Concludes the drug-testing programs will be upheld if the program is narrowly drawn with regard to the student population; aims at limited and achievable goals; involves random selection of students for testing; and imposes penalties…
Descriptors: Athletes, Court Litigation, Drug Use Testing, High School Students

Thomas, Daphyne Saunders; Forcht, Karen A.; Counts, Peter – Internet Research, 1998
Explores issues related to legal considerations of the widespread use of the Internet worldwide. Topics considered include: e-mail; data theft and piracy; search and seizure; electronic banking; offensive behavior; liability; copyright infringement; laws regulating the Internet; and the Telecommunications Act. (PEN)
Descriptors: Banking, Copyrights, Electronic Mail, Federal Legislation

Majestic, Ann L. – School Law Bulletin, 1985
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…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy

Daly, Joseph L. – Update on Law-Related Education, 1985
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)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
Bjorklun, Eugene C. – West's Education Law Quarterly, 1996
Examines two legal issues related to the use of metal detectors in public schools: their legality under the Fourth Amendment and the potential liability of schools who fail to use them to keep weapons out of their buildings. (91 footnotes) (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Responsibility, Public Schools
Bjorklun, Eugene C. – West's Education Law Quarterly, 1995
Because school lockers are potential hiding places for weapons and drugs, some schools are eliminating them. Searching student lockers on a random basis raises legal questions. Examines the legality of random locker searches based upon the guidelines for student searches set forth by the Supreme Court in "New Jersey v. T.L.O." and lower…
Descriptors: Court Litigation, Federal Courts, Police School Relationship, School Law

Shepard, Jon – School Law Bulletin, 1993
In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1998
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…
Descriptors: Discipline, Due Process, Federal Courts, High Schools