The Supreme Court decision in "Smith II" found two Native Americans, discharged from their jobs for using peyote as part of the sacramental service in their Native American Church, ineligible for unemployment compensation benefits. Examines how the decision has had an immediate and profound effect on judicial interpretation of free…

The United States Supreme Court recently rendered a decision in the "Collins v. City of Harker Heights" case, which addressed the liability of public entities for alleged "constitutional torts." Discusses the precursors of "Collins," analyzes the decision itself, and discusses the various elements that must be…

The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…

The Religious Freedom Restoration Act purports to overrule the Supreme Court's decision in "Employment Division v. Smith." Discusses "Smith" and its rejection of the strict scrutiny test in challenges to facially neutral government actions that burden the exercise of religion. Analyzes the possible general effects of the act…

Courts in the Ninth Circuit are required to apply a four-factor balancing test when reviewing school districts' least restrictive environment (LRE) placement decisions for children with a disability. Discusses the Ninth Circuit's new LRE test, LRE tests previously announced in other circuits, and the fact that the Supreme Court has not addressed…

Unitary status in school desegregation occurs when the federal district court dissolves all injunctions and releases the school district from further court supervision. Reviews several lower court decisions of the late l980s and the recent Supreme Court's decisions in "Dowell" and "Pitts." (MLF)

Reviews the Supreme Court decisions on issues of interest to school districts. Also analyzes cases relevant to public schools that the Court declined to review. Summarizes a number of cases that the Court will hear in its term beginning October 1993 and that may have a major impact on school districts. An appendix lists the cases cited. (MLF)

More and more college professors are constructing their own "anthologies," photocopied compilations of recent articles and book excerpts, that are used as textbook substitutes. Addresses the impact of copyright law on the creation and distribution of customized college-course anthologies. (39 footnotes) (MLF)

In "Fordice," the Supreme Court refused to recognize that the higher education system for the state of Mississippi had desegregated. Discusses the implications of the resultant new constitutional standard for the desegregation of higher education; financial effects on black colleges; and how the new standard could affect federal district…

Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…

In "Harris" the Supreme Court ruled that Title VII is violated when the workplace environment "would reasonably be perceived and is perceived as hostile or abusive." Schools and colleges, by developing appropriate policies, procedures, and educational programs, can substantially increase understanding about the legal aspects of…

The Supreme Court ruled, in "R.A.V. v. City of St. Paul Minnesota," that the city's Biased-Motivated Crime Ordinance is unconstitutional. Discusses the factual background of "R.A.V.," of "Doe v. University of Michigan," and leading cases in the area of student first amendment rights. Draws conclusions and assesses…

Provides a brief history of the Supreme Court's pivotal decisions on public school desegregation. Reviews the Court's decisions in "Board of Education v. Dowell" and "Freeman v. Pitts." Provides an analysis of "Freeman" and its effect on public school desegregation law. (68 footnotes) (MLF)

Discusses two lines of case law regarding whether public schools are required by the Individuals with Disabilities Education Act (IDEA) to provide special education and related services to parent-placed private school students on the private school site when the public schools maintain their own appropriate program. (133 footnotes) (MLF)

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…