Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)

Supreme Court Justice Sandra Day O'Connor's concurring opinion in "Rosenberger v. Rectors and Visitors of University of Virginia," in which the Court ruled that the university acted unconstitutionally in denying student activities funds to a Christian newspaper not affiliated with a church, is excerpted here. The opinion maintains that…

Presents a student- and community-produced assembly program in which several Supreme Court cases are reenacted. Focuses on student rights concerning search and seizure, freedom of speech, and freedom of of the press. Provides a 40- to 50-minute script with roles for narrators, administrators, police officers, reporters, lawyers, and students. (CH)

Examines legal and social implications of bias violence today and in the coming years. The most important legal development regarding hate crimes is the Supreme Court's "Wisconsin v. Mitchell" decision upholding the constitutionality of bias crime penalty enhancement laws. (SLD)

School officials face a daunting array of legal responsibilities in managing student transportation. This monograph identifies and discusses the most important transportation problems facing school officials, despite the considerable variances among state requirements. Following the introductory section, section 2 describes school districts' and…

The United States Supreme Court, in a 5-4 decision in the Rosenberger case, ruled that the University of Virginia had violated the free speech clause of the First Amendment of the United States Constitution by refusing to subsidize a Christian student publication. The magazine, "Wide Awake," was published by a student organization that…

This paper discusses some basic constitutional and statutory principles related to affirmative action and reverse discrimination in employment of educational personnel. The specifications of the Equal Protection Clause of the 14th Amendment, Title VII of the Civil Rights Act of 1964, other statutes and regulations, and selected Supreme Court cases…

Section A of the Media and Law section of these proceedings contains the following 11 papers: "The Record of the Rehnquist Court on Freedom of Expression" (F. Dennis Hale); "An Examination of the FCC's Minority and Gender Licensing Policies" (Howard Kleiman); "Exploring the Possibilities of an International Right of…

A survey of court litigation traces the development of case law regarding the substantive rights of elementary and high school students in relation to school board rules and regulations. The survey reveals the gradual "judicialization" (conversion of conflicts into court cases) of educational governance and the delimiting of the school…

This second chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting collective bargaining between staff members and management representatives in public education. Among the topics examined are constitutional issues associated with distribution of union materials, union…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…

Despite differences among state laws authorizing collective bargaining, and despite the variety of administrative and legal structures that enforce collective bargaining rights and obligations, a considerable degree of consensus has evolved throughout the states. Accordingly, this chapter highlights the major features of the law with respect to…

Chapter 2 of a book on school law, this chapter summarizes 1979 court cases concerning school employees. The author deals with cases in the areas of employment discrimination, dismissal and discipline of employees, tenure, substantive constitutional rights of employees, procedural due process for employee dismissal, immunity and liability under…

A study on government regulation of religiously affiliated higher education was conducted for the Sloan Commission on Government and Higher Education. The following two questions were addressed: What legal problems arising from governmental regulation have religiously affiliated colleges experienced at least partially because of their religious…

A case study is presented of the planning of a merger of two public institutions in Nashville, Tennessee, in which a federal judge ordered predominantly white University of Tennessee at Nashville to merge with predominantly black Tennessee State University. This action represents the first time a white university has merged with a black one, with…