Examines provisions of the South African Constitution pertaining to pupil rights in conjunction with the construction the United States Supreme Court has placed on corresponding provisions of the U.S. Constitution. (46 footnotes) (MLF)

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Discusses reasons why the "Lee v. Weisman" Supreme Court decision that held unconstitutional a Rhode Island school policy for prayer at a junior high school commencement does not extend to the university level. Concludes that an appropriately worded commencement prayer could pass the three-part "Lemon" threshold and not violate…

Briefly outlines the development of the modern educational equity case, then focuses on the problems of legitimacy and judicial review that confront state courts when reviewing education legislation. Addresses the debate over whether courts can effectively define the right to education and create the remedy. Claims the 1993 cases offer a highly…

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

Reviews the Supreme Court decisions under the following subjects: (1) special education; (2) religion and public education; (3) employment and labor; (4) elections and voting rights; (5) freedom of speech; (6) Title IX and other issues of school district liability and immunity; and (7) cases to be decided next term. A list of cases and statutes…

Examines case law as it has developed regarding the constitutionality of school vouchers under both federal and state law; discusses issues of federalism related to state constitutional provisions; and explores the emerging role of the Religious Freedom Restoration Act. (75 footnotes) (MLF)

Examines 15 cases dealing with dormitory searches covering a 31-year period to determine how the Fourth Amendment applies to dormitory searches. The prevailing consensus is that if a university says and thinks it has the right to conduct a search of a room for health, safety, and maintenance reasons, then, in most circumstances, it has this right.…

Examines interpreting the application of the Age Discrimination in Employment Act and Title VII to religious institutions in light of the two religious clauses in the First Amendment, one protecting free exercise of religion, and the other prohibiting an establishment of religion. (103 footnotes) (MLF)

Reviews the continuing legal and political battles against corporal punishment and discusses the legal future of corporal punishment in view of social and legislative changes since "Ingraham." (81 footnotes) (MLF)

Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…

In "Williams by Williams v. Ellington" the Sixth Circuit Court of Appeals upheld the strip search of a female student for drugs. Explains the standards for searching students in schools as set forth by the Supreme Court in the "New Jersey v. T.L.O." decision. Considers the application of legal standards in "Williams"…

Every state constitution, except that of Mississippi, has a provision for free public education. Explores the differences and similarities in language between the education clauses, the interpretation of education-clause language in school-finance litigation from 1973 to 1992, and how the differences in language might affect the outcome of future…

Analyzes five cases related to challenges to public school textbooks. Five different U.S. Courts of Appeal have considered the objections of parents to textbooks, and all five found for the defendant school districts. Reveals that what began as a grassroots parental movement evolved into a nationwide crusade that has embroiled communities. (129…