Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines…

Australian initiatives to integrate regular and special education are discussed, focusing on problems with integrated service delivery and the role of educational legislation and public policy in effective services. The feasibility of a legislative approach within the Australian constitutional framework is examined. (Author/MSE)

Recent appellate court decisions concerning private social clubs, unreported decisions brought by fraternities, and developments in related case law have strengthened the position that college social fraternity chapters at public colleges and universities may claim a full range of legal protections under the constitutional doctrine known as…

In this article, I examine the adequacy of a Catholic school district's written documents dealing with the inclusion of non-Catholic students. I first describe, in communitarian terms, the nature of a Catholic school community; then I use a contractarian analysis of the school district's written inclusionary policy to better understand its…

What do we know about technology and rights? This article provides a fairly comprehensive overview of current issues regarding this topic. We explore and analyse a wide spectrum of rights that are challenged in this current era of technological convergence. We use the United States Bill of Rights as an example of the vulnerability of legal…

An overview of the constitutionality of various state public education finance systems is presented. Issues addressed include education as a fundamental right mandated by the education clause of state constitutions and the impact of the equal protection clause on the education clause. Criteria for successful challenges to state school finance…

Discrepancies between court and professional association views of licensing examinations are discussed. Litigation associated with Title VII of the Civil Rights Act of 1964 and constitutional law is considered. Courts should examine professional standards and apply those that are consistent with the court's determination of the proper…

An Oregon court case in which American Indians disputed a state law against use of peyote for ritual practices is reviewed, and its implications for free exercise of religion on college campuses are examined. In this context, the impact of the Religious Freedom Restoration Act of 1993 is also considered. (MSE)

It is argued that universities are pervasively and necessarily engaged in regulation of speech, which complicates many existing claims about hate speech codes on campus. The ultimate test is whether the restriction on speech is a legitimate part of the institution's mission, commitment to liberal education. (MSE)

Discusses school administrators' legal-affairs management responsibilities regarding legal advice, law versus ethics, and sources of law. Suggests strategies for retaining and managing legal counsel and avoiding situations involving litigation, torts, and conflict resolution. Explains general counsel services; outlines education,…

Examines development of the equalization idea in American public education, discusses theorists' applications of equalization to school finance, reviews the literature on school-finance reform-litigation effects, and concludes that U.S. history has not strongly supported equalization of educational opportunities. Education is not a fundamental…

Court decisions in two cases concerning the University of Nevada at Las Vegas's suspension of an athletic coach because of institutional violations of National Collegiate Athletic Association regulations are discussed, focusing on the courts' applications of state action doctrine (subjection to scrutiny under constitutional law) and coercion…

The American way of life rests on a foundation of rational thought and civil behavior. Simply put, the strength of America depends on its culture--the set of beliefs, values, and behavioral norms to which most citizens adhere. Most educators have always viewed schooling for character and citizenship as a fundamental purpose of public education.…

In 1985 the Inter-American Court of Human Rights ruled that a Costa Rican statute requiring journalists to be licensed violates the American Convention on Human Rights and, by extension, all human rights conventions. Though press freedom advocates hailed it as a major triumph for freedom of expression, the court's ruling was only advisory and has…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…