Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

As society's views of sexual orientation and gender identity have significantly evolved in recent years, school districts across the country are addressing how to create policies that align with the law in this area. One recent issue involves laws and policies focused on transgender students and their right to access restrooms that align with…

This paper examines the use of cameras in self-contained special education classrooms. It begins with an examination of the legal framework used when administrators are contemplating the implementation of video surveillance within the classroom. It gives a brief summary of the Family Educational Rights and Privacy Act, Individuals with…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Strip searches should be considered searches of last resort based on the intrusive nature of the search and the resulting impact it may have on a student. It is well established by the courts that as the intrusiveness of the search intensifies, the standard of the Fourth Amendment reasonably approaches probable cause which is a higher standard…

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

The Fourth Amendment to the U.S. Constitution protects the people of the United States from unreasonable searches and seizures. On first reading, these protections seem clearly defined. The amendment was meant to protect Americans from the kinds of random searches and seizures that the colonists experienced under British colonial rule. Under…

Two recent federal court cases have addressed the constitutionality of using sexual surveys in public schools. This article compares these cases with an earlier case dealing with the same issue but reaching different results. This article also describes the constitutional rights of parents to educate their children and the school's rights to…

The Tenth Circuit Court affirmed that the University of New Mexico must comply with an Equal Employment Opportunity (EEOC) subpoena for personnel records. The author concludes after examining the case that the court's decision will probably not have an enduring effect in defining employee privacy interests and EEOC access to records. (JT)

The exclusionary rule says that any evidence illegally seized by law enforcement officials cannot be admitted in a criminal proceeding. Discussed are where the rule came from, how it works, and the arguments for and against it. (RM)

A libel suit for which the ruling hung on determination of the plaintiffs as public or private figures is described in this paper. First, the paper describes the case, in which an Oregon newspaper reported that an antique dealer and the local bank president had systematically swindled a citizen out of several hundred thousand dollars, and for…

Provides information on recent decisions in New York courts in cases involving the right of adult adoptees to inspect sealed adoption records. The effect of these decisions is that any change in the right of access to records must be brought about through legislation, not through the courts. (Author/SS)

Argues for abortion rights and protection of intimate decisions and relationships. Describes the role and position of women in eighteenth century American society as a means of exposing the fallacy of the anti-abortion movement's insistence on adherence to constitutional text. Discusses the recent attempts to overturn the Roe v. Wade ruling. (PS)

Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…