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Sanchez, J. M. – Journal of Law and Education, 1992
Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
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Journal of Law and Education, 1996
The Supreme Court, in "Vernonia School District 47J versus Acton," ruled that a school district's policy authorizing random urinalysis drug testing of student-athletes did not violate the Fourth Amendment. Discusses the decision and why such a policy is permissible under the Fourth Amendment's prohibition against unreasonable searches…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Extramural Athletics
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Zirkel, Perry A. – Journal of Law and Education, 1995
Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
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Rossow, Lawrence F. – Journal of Law and Education, 1995
In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
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Trosch, Louis A.; And Others – Journal of Law and Education, 1982
Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…
Descriptors: Compliance (Legal), Court Litigation, Discipline Policy, Due Process
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Sultanik, Jeffrey T. – Journal of Law and Education, 1990
In response to an earlier article by Eugene Lincoln, presents two hypothetical cases that respectively deal with the possible effects of drug use on school premises and with a policy governing mandatory urine testing for student athletes. Cites factors that should be incorporated in any mandatory drug testing policy. (MLF)
Descriptors: Administrator Role, Athletics, Court Litigation, Drug Use Testing
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Evans, John M. – Journal of Law and Education, 1990
The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…
Descriptors: College Athletics, Constitutional Law, Court Litigation, Drug Use Testing
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Johnson, Robert S. – Journal of Law and Education, 2000
Disagrees with Ferraraccio's views and argues that: (1) students do bring illegal weapons to school; (2) metal detectors do detect weapons and help schools to disarm students; (3) disarming students reduces the threat of violence; and (4) courts have repeatedly approved the constitutionality of weapon-related suspicionless student searches…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Prevention
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Miller, Bruce A.; Linden, Russell S. – Journal of Law and Education, 1988
Two union lawyers concede that employer concern about substance abuse is legitimate but object to the invasion of individual privacy and the assault on worker dignity. Describe the standards that must be met for drug testing to be constitutionally valid and identify the unreliable technology of drug tests. (MLF)
Descriptors: Constitutional Law, Court Litigation, Drug Use, Elementary Secondary Education
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Daniel, Philip T. K. – Journal of Law and Education, 1998
Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Dress Codes
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Fischer, Thomas C. – Journal of Law and Education, 1993
Traces legal balance in "Tinker" between Constitutional rights of students and caveat that these rights were secure only as exercise did not "interfere" with disciplinary processes of school. Cites changing political landscape; free exercise and establishment of religion; and search and seizure. Concludes that students appear…
Descriptors: Board of Education Policy, Civil Rights, Court Litigation, Court Role