In press law, the individual right of freedom of the press frequently is linked to a public interest or "watchdog" concept of freedom of the press. This concept suggests that the basis for the constitutional protection of press freedom is the role of the press as an institution serving a collective good, as opposed to the traditional…

Credentialing examinations have been relatively immune from legal attack based on allegations that the examinations lack validity. The extent of the present legal obligation to demonstrate the validity of credentialing examinations is analyzed in three areas: (1) the Civil Rights Act of 1964; (2) the Constitution; and (3) antitrust laws.…

The Foreign Policy Research Institute held its 11th History Institute for Teachers on June 5-6, 2004, bringing together forty-five teachers from fifteen states for a weekend of lectures and seminars. Sessions included; (1) Colonial Origins of American Identity (Walter McDougall); (2) Migration and Colonization (Daniel Richter); (3) Liberty and…

Details of the backgrounds of witnesses in the courtroom challenge to Arkansas' Act 590, which mandated inclusion of creationism in the school curricula, are given. Creationists look forward to the upcoming challenge of a Louisiana law. Public poll results favoring teaching of creationism in public schools are cited. (MSE)

The West Virginia Supreme Court of Appeals ruled that Governor Rockefeller could not, without compelling factual justification, reduce previously appropriated state education funds. It held that public education had a constitutionally preferred status among state functions. A minority opinion argued that the ruling would impede administrative…

Describes how several school districts not under court-ordered desegregation are combating resegregation through various means that avoid race-based policies, such as the use of socioeconomic status (SES) integration plans and a combination of SES and test scores. (PKP)

Analyzes the actions and effects of the U.S. Supreme Court under Chief Justice William H. Rehnquist. Considers Court decisions written in 1988-1989, commenting on the Court's growing self-confidence and strength. Concludes that the Rehnquist Court could be one of the most lasting legacies of the Reagan era. (LS)

The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)

Questions the failure to address children's rights in recent court decisions regarding educational issues. States that at some point prior to adulthood children achieve the emotional maturity to evaluate ideas, actions, and values, and therefore, should be allowed to exercise free choice. Response by Ronald B. Flowers follows. (LS)

A federal appeals court decision suggests that public colleges may not be covered by the Constitution's 11th amendment prohibiting state governments from being sued in federal court. By the ruling, the institution loses immunity by having funds other than state appropriations with which to pay damages in the lawsuits. (MSE)

The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented.…

Maintains that the principle of self-restraint that has marked the amending practices since the creation of the U.S. Constitution may be in danger of being forgone. Offers eight standards developed by the Citizens for the Constitution that are designed to weigh the desirability of proposed amendments. (CMK)

Provides a concise and informative overview of the civil justice system. Examines various components and issues including the federal and state court systems, differences between civil and criminal law, background in common law, types of civil law, civil procedure, and the effect and implementation of civil law in everyday life. (MJP)

Canadian public school boards still discriminate against homosexual educators. In British Columbia and Manitoba, recent court challenges raise questions about disciplining educators on the basis of sexual orientation and discussion of homosexuality in the classroom. Employment sanctions based on sexual orientation alone violate basic human and…

When the movement for "English Only" began some years ago, the author told participants at a bilingual education workshop that he was against it. He was rendered momentarily mute because he had thought that the English Only proponents could not curtail the freedom of expression guaranteed by the U.S. Constitution. The way he understood…