In a case involving a swim-team student's mandatory pregnancy test and a varsity coach's mishandling of confidentiality, the Third Circuit Court of Appeals awarded the coach qualified immunity, while rejecting the student's Fourth and First Amendment claims. Discretion and legal counsel would have helped. (MLH)

An analysis of recent judicial decisions shows that the adequacy concept emerging from state courts' invalidation of school finance systems transcends minimalist education standards and focuses on "world-class" standards and ambitious, universal student outcomes. Instead of challenging per-pupil expenditures, courts are questioning…

The objective of this textbook review was to evaluate the textbook's capacity for imparting the knowledge and skills necessary for democratic citizenship along with an enthusiasm for civic participation. A panel of scholars reviewed 18 U.S. government and civics textbooks on the basis of: (1) coverage, (2) engagement, (3) constitutional themes,…

Two Constitutional principles--separation of church and state and freedom of speech--have been placed in conflict by the newly established Equal Access Act (1984). Some ways that school boards have found to deal with the confusion are presented. (MD)

A carefully structured process for campus administrative decision making concerning hate speech is proposed and suggestions for implementation are offered. In addition, criteria for evaluating hate speech processes are outlined, and First Amendment principles circumscribing the institution's discretion to regulate hate speech are discussed.…

State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

Four situations involving freedom of speech that could occur on college campuses are offered to help campus activities administrators consider in advance the implications of controversial events and possible techniques for managing them. The situations include a controversial pro-choice speaker, an X-rated movie, heckling in a public area, and…

It is argued that some church-related universities are both religious and academic communities, thus constituting protected exercises of religion. Attempts to coerce compliance with secular standards of nondiscrimination and academic freedom may violate the institution's rights to free exercise of religion. A Brigham Young University (Utah) policy…

It is proposed that the values and environment of a church-related law school differ from those of secular institutions because of the religious orientation of faculty and students, and fostering such an institution is religious freedom, now threatened by accreditation rules and current First Amendment jurisprudence. (Author/MSE)

Since the advent of the "Canadian Charter of Rights and Freedoms", the Supreme Court of Canada (SCC) has rendered judgments in four cases where individual educational stakeholders have alleged violations of their constitutional rights. In three of the cases, "R. v. Jones", "Eaton v. Brant County Board of Education",…

This article discusses Supreme Court cases bearing upon the legal parameters for permissible government regulation of religious elementary and secondary schools. Two legal strategies of religious interests, traditional and radical, are described, followed by a discussion of strategies at the state level. (TE)

Issues that college administrators must address in forming policy about publications to be distributed on campus are considered, and the important parties and their interests are identified. Constitutional and practical problems created by restrictions on distribution are also examined. Finally, newspaper theft, a recently emerging campus problem,…

Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

Using as a basis the threat of climatic change resulting from global warming, this article considers the functions that might be assigned to an international regime. For each function individually and collectively, the instruments and institutions that would be required for the various processes are examined. (SLD)

Two cases illustrate that whenever the schools or courts abandon the Establishment Clause and embrace "child benefit theory," religious schoolchildren are the only winners. Application of "child benefit theory" has engendered religious strife, increased public funds for religious schools, increased sectarian control of public…