This paper discusses the role of the courts in public policy formation, with particular attention to the impact of the New Jersey Supreme Court's decision in Robinson v. Cahill. The author explores the implications of judicial involvement in policy controversies by examining the responses of the New Jersey legislature and Department of Education…

The scenario: Pictures of children in various states of nudity are discovered in an elementary teacher's desk. What does one do? This paper offers guidance, much of it based on common sense, for administrators who may find themselves in a situation fraught with serious consequences if a mistake is made in determining the truth. Court decisions are…

This paper examines copyright from an historical perspective, asserting that technology is and always has been the driving force behind copyright restrictions. In sixteenth-century England the printing press galvanized legislation. Today, technology, primarily in the form of the Internet, is once again a driving force behind a renewed and…

Many departments in higher education institutions actively recruit women and minority candidates for faculty positions. When a department decides that an available position should be filled by a woman, are the supporting rationales legally sound? This paper describes some basic principles of federal law that address issues of affirmative action…

A student's right to freedom of expression was well-protected by twenty years of legal history until the United States Supreme Court in its 1988 decision Hazelwood School District, et al. v. Kuhlmeier, et al. sharply limited this right by approving a school district's censorship of a high school newspaper. Prior to the Kuhlmeier decision courts…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

This paper presents a composite of four separate research studies conducted to assess the impact of constitutional language on classroom environments. The studies were designed to examine the uses of "Judicious Discipline" in a variety of classrooms and how the use of a common language based on rights and responsibilities affected the…

This paper examines how U.S. courts, particularly the Supreme Court, have applied constitutional law principles to Latino communities and individuals in three areas: public education, the status of Puerto Rico, and jury selection. Consistent with traditional views of American society as biracial (black and white), constitutional law discussions…

A review of case law on the constitutionality of state school finance provisions on equal protection and equal adequacy grounds is provided. Protracted rounds of litigation over the years in several states and a rash of recent suits reveal that this issue remains lively and contentious. (TJH)

This document contains four papers that address constitutional issues of religious diversity in the schools. The first paper, "Religious Diversity in the Schools--The Overview" (George J. Michel), provides an overview of religious diversity in American public schools, with a focus on the long history of cooperation with Christian churches. It…

The political and pedagogical issues arising from language legislation, language policy, and language planning in a bilingual country such as Canada are analyzed. The socio-historical context of bilingualism in Canada is reviewed, and Section 23 of the Canadian Charter of Rights and Freedoms (appended), which imposes a constitutional requirement…

Amendment 59 to the Arkansas Constitution established three kinds of taxable property (real, personal, and utility) and prescribed different reassessment and millage rollbacks for each. This has led to a lack of revenue growth from any source except real property. Because more funds are needed to implement new state standards in the schools, 12…

The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…

Questioning the desirability of whether private schools should receive federal or state aid, the paper outlines how such aid can cause entanglement problems for private schools. In accepting governmental aid, private schools can lose their autonomy, including (1) the ability to select and dismiss students with autonomy, (2) the ability to advocate…