Examines Supreme Court decisions in two cases (Mississippi University for Women v. Hogan, United States v. Virginia), addressing the constitutionality of single-sex public colleges. Describes a tool for evaluating equality (the "capability approach") that fills out and lends clarity to underdeveloped aspects of the Court's inquiry. The…

In October 1996, the Illinois Supreme Court affirmed lower court decisions and dismissed a lawsuit claiming that the state's public school funding system violated the Illinois constitution. This decision ended a six-year battle to reform the state's school funding system. The courts found no constitutional issues in the case because education has…

In Ontario, Canada, the 19th-century educational imperative of indoctrinating public school students in a common Christianity became intolerable, given the province's increasingly pluralistic population. Most vestiges of religious practice and instruction have been swept from public schools. Religious minorities' preference for a unitary,…

A discussion of the single-sex admission policy of college fraternities examines the potential for success of those policies in an era in which society and courts are pressing to abolish gender-based stereotypes and provide equal access to places of public accommodation. Five specific recommendations are made for fraternities wishing to preserve…

The first amendment does not either require or permit government to threaten religiously affiliated colleges and universities with reduced eligibility for public funding in the event of increased religious control over institutional governance or academic functions. However, government may decline to fund education at "pervasively sectarian"…

A study analyzed U.S. Supreme Court Justice Lewis Powell's court opinions on First Amendment issues that affect the daily work of journalists. The results showed that he preferred compromises, guidelines, and tests to either/or solutions. Because Powell sought to balance all interests, he developed no firm theoretical position on the First…

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

A review of court litigation and federal regulatory action explores the prevalence of discrimination in higher education, and it is suggested that race-exclusive scholarships can be used and defended as a means of eliminating vestiges of discrimination that hinder the access of minorities to postsecondary educational opportunities. (Author/MSE)

Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)

Reviews single-sex schools' history and legal status. Explores constitutional dimensions of gender-based discrimination delineated in five leading cases (in Philadelphia, New York City, Detroit, Mississippi, and Virginia). Due to claims of Equal Protection Clause and/or Title IX violations, such schools are unlikely to proliferate. (20 references)…

Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)

The authors begin with a discussion of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its…

Presents a historical, national, and legal overview of home schooling. Reviews official responses and constitutional limits on state regulation and offers suggestions on ways that public educators and home-schoolers can improve their relationship. Recommends that public officials take initial steps to bridge the communication gap. (CJH)

Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)

This book presents an analysis of the current state of book banning in schools and public libraries, offering ready reference material on major incidents, legal cases, and annotated entries on the most frequently challenged books. Every section of this revised edition has been rewritten, updated, or expanded to reflect new developments. In-depth…