This paper argues that the fundamental purpose of public education is preparation for citizenship and democratic participation through the inculcation of American democratic values. These values are codified by the Constitution and are further illuminated by the nation's courts and other public institutions. The paper calls for a recommitment to…

The history of social policy efforts to remediate racial discrimination can be traced to the post-Civil War period. This paper examines the tortuous course that affirmative action has traveled. It discusses the historical, philosophical, and constitutional issues surrounding the topic of civil rights, starting with the first antidiscrimination…

A major constitutional issue in the twentieth century is the extent to which the U.S. Constitution should be interpreted to fit changing times and circumstances. In the latter part of the nineteenth century, the Supreme Court dispensed a "mechanical jurisprudence" based on an "objective" interpretation of the Constitution and…

Satellite news gathering (SNG) has been widely adopted in broadcast journalism in recent years, and appears likely to grow in importance as local television news operations increase their reliance on it. However, because the technology for SNG is so new, information transmitted through SNG systems is not adequately protected under current laws.…

A study of reader response to newspaper articles in a defamatory context tested: (1) the judicial assumption that the macro-environment in which statements appear is important to a reader's distinguishing between fact and opinion; (2) the possibility that a byline may influence a reader's characterization of statements; and (3) the idea that…

The speaker examines the issue of the legal liability of individual school board members as it has arisen as a result of such court cases as Wood v. Strickland and Goss v. Lopez. The discussion includes questions of infringement on students' and teachers' rights and cases of school officials acting as individuals rather than in an official…

In this statement by William Bradford Reynolds, Assistant Attorney General under the Reagan Administration, the problem of prison overcrowding is discussed in relation to the definition of "cruel and unusual punishment." The Supreme Court's decision in the Chapman versus Rhodes case is presented as an example in which overcrowding as…

Public access to criminal records, facilitated by the use of computerized information storage and retrieval systems, sometimes appears to infringe on individual rights of privacy. Examples may be cited to show that the records compiled on individuals do not always present an accurate picture, due to factual inaccuracies, incomplete information, or…

The way in which Drew Pearson--who was involved in more than 100 libel actions during his nearly 37-year reporting career--fared in the courts and was affected by the ever-evolving libel law is considered in this paper. Among the topics discussed are the 1964 "Sullivan" decision, which held that a public official must prove "actual…

The House Judiciary Committee debates over the Articles of Impeachment during the Watergate hearings provided the unique opportunity for citizens to observe the process of congressional decision making. Emphasizing diversity, compromise, and reasoned argument, members defined their role as a combination of judge, juror, and average common-sense…

This paper sets out the legal grounds for sexual harassment claims in education settings, and notes a number of pertinent cases that are illustrative of common legal and factual issues. Sexual harassment, including sexual abuse, is prohibited by federal and state statutes. Sexual harassment in the context of employment constitutes employment…

Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at "others,"--those who are known or assumed to be guilty of school rule violations or criminal…

This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals…

The question of the relationship between capitalism and democracy is not new; scholars have produced a rich literature about it that includes virtually every considerable point of view. Yet the question is of more than historical interest; with the recent dramatic political and economic upheavals in Eastern Europe and the former USSR, it becomes…