At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and,…

Provides a brief background on the development of the concept of right-to-work statutes in the private sector under the National Labor Relations Act; reviews right-to-work statutes in public education and examines the status of fair-share agreements. (Contains 23 references.) (Author/PKP)

Analyzing the United States Supreme Court decision in "Mueller v. Allen" declaring that certain forms of tuition tax credit are not unconstitutional, the author points out that school administrators should monitor legislative activities and be active in state policymaking or the future may hold larger tax credits and direct financial…

The Supreme Court decision in "Johnson v. Transportation Agency" supports affirmative action in principle. However, the types of affirmative action the courts will allow will continue to vary significantly. Questions and answers provide guidance for educational institutions. (MLF)

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

The Supreme Court's decision in "Reno," striking down major portions of the Communications Decency Act of 1996, pits the need to protect children from inappropriate material against the need to maintain free Internet access by adults. Highlights major points in the holding and discusses the meaning of "Reno" for educators. (MLF)

In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student-athletes. Reviews the Court's holdings. Concludes that a drug-testing policy that is consistent with "Acton" and enjoys broad-based community support probably would be worth its expense.…

Reviews state school-funding litigation since the California Supreme Court's 1971 decision in "Serrano v. Priest." Assesses the impact and evolution of state funding litigation; discusses the subsequent erosion of local control; describes potential future funding litigation involving rural schools, local sales taxes, and urban schools.…

School desegregation court cases provided the impetus to early experimental efforts at government takeover of public schools. Most recently, states have taken over school districts for failure to demonstrate adequate academic progress (educational bankruptcy). North Carolina's ABC program is profiled. Legal, financial, and organizational…

Reviews recent federal appellate court cases dealing with legal issues involving random drug testing of students participating in extracurricular activities. Draws implications for school business officials and other educators. (PKP)

Cites two court cases regarding students' complains of sexual harassment by teachers. Contends that the educators in these cases violated both commonly accepted personal morality and the ethics of their profession. Reveals a widespread resistance to the study on the psychological development of girls. (MLF)