To help public schools minimize litigation, this newsletter recommends constitutional and legal training for public school officials and examines relevant court cases involving school official liability, intelligence tests, and religion in the schools. According to the authors, the Maine v. Thiboutot and Owen v. City of Independence cases…

This chapter deals with the legal process by which employers and employee organizations discuss matters related to employment. The chapter is organized to reflect the initial sequence of events in the collective bargaining process. Cases are reported and analyzed in 10 sections: constitutional issues, authority to bargain in the absence of…

As a supplement to the basic text, "Higher Education and the Law," this book briefly describes the American legal system for scholars, students, and administrators in the field of higher education who have had little or no legal training. The following topics are addressed: The United States Courts, the process of judicial review, reading and…

A new argument is made for school finance equalization, based not on "equal protection" or "equal educational opportunity," but on constitutional requirements for tax equity in New Hampshire. Since inequalities in school finance are a taxation problem, they call for tax reform. The analyses rest on four points: (1) that…

A questionnaire survey of 42 principals, 61 newspaper advisers, and 48 student editors from 126 secondary schools was conducted concerning their knowledge of communication law in relation to freedom of the press under the First Amendment to the United States Constitution. Relevant court decisions were selected and the circumstances of ten…

While the types of cases reported in this year's chapter are essentially the same as those reported in last year's, the number of certain types of cases have changed--in some instances significantly. For example, the number of cases raising constitutional issues in the areas of school construction, location, and property use have declined. On the…

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth…

This chapter summarizes recent state supreme court and federal court decisions related to higher education. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976. In his discussion, the author attempts to integrate related cases and to illuminate any unifying legal principles…

Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)

The role of religion in American society has been ignored by textbook publishers and is not being taught in U.S. schools. The support for the separation of church and state is eroding as a result. Includes a sidebar providing supplementary resource materials on religion for use by teachers. (MD)

Implications and ramifications of the religion clauses of the First Amendment are examined. Supreme Court rulings of the last six years concerning many issues, including government and privately sponsored nativity scenes in public places, public aid to parochial schools, and equal access of religious groups to public school facilities, are…

Six of the 22 Supreme Court decisions in the 1981-82 term concerning or affecting higher education are discussed. The cases concerned sex discrimination, tuition-free public schooling for undocumented children, residency status, dormitory drug search, student religious groups using school facilities, and the scope of Title IX. (MSE)

School officials see a need for regulations that prohibit disruptive and inappropriate forms of expression and attire; students see these regulations as unwanted restrictions on their freedom. This paper reviews court litigation involving constitutional limitations on school authority, dress and hair codes, state law constraints, and school…

School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…

Legal and educational responsibility of law schools in dismissing students for academic or disciplinary reasons is discussed. Need for and rights to due process are examined, and constitutional law is referred to. Available from William S. Hein and Co., 1285 Main St., Buffalo, NY 14209. (MSE)