Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

The purpose of this article is to 1) examine the interpretive method applied to the United States Constitution referred of as"Original Intent" and the degree, if any, to which it is superior in objectivity than other methods, 2) discuss whether the application of the interpretive method would have an effect preferred by conservative or…

Examines the growth of equitable relief in school desegregation cases and the impact of the Supreme Court's doctrine delimiting the role of lower federal courts when they exercise equity jurisdiction in civil rights cases. Available from Business Manager, University of Dayton Law Review, 300 College Park, Dayton, OH 45469. (Author/IRT)

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…

Discusses Louisiana case wherein a federal district court judge ruled that an elementary principal violated the Establishment Clause by distributing Bibles to students. Includes Supreme Court's three-part "Lemon" test to determine if government practice violates the Establishment Clause. (PKP)

In some ways America's response to the murderous surprise attacks of September 11, 200l, resembled that of previous wars. The nation was mobilized and its military directed to hit back as soon as possible. Unlike past wars, however, the enemy proved to be a shadowy terrorist organization with a religious identity, a long-term strategy, and no…

Reviews United States Supreme Court and Federal Appellate Court decisions on student and teacher rights, particularly due process (procedural and substantive) rights. (PKP)

Examines the judicial posture assumed by the Supreme Court in Keyes v. School District Number 1 in defining the distinction between de jure and de facto segregation, the impact of the Washington v. Davis decision on the intent requirement, and the impact of these decisions on litigants. (Author/IRT)

The Eleventh Amendment is discussed regarding its history, interpretations, Congressional response, and court cases. Teacher litigation under the Fourteenth Amendment and under 42 U.S.C. Section 1983 is also reviewed. (LBH)

An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…

This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…

Describes Wisconsin case involving the suicide of seventh-grade girl after principal suspended her for having a cigarette in her locker--disciplinary action required by school board policy. Parents sued claiming violation of their daughter's 14th Amendment rights and state negligence laws. Federal appellate court dismissed all claims; parents…