In the midst of a trend toward uniformity of education, parents, teachers, community groups, and government groups are struggling for control over what that education shall be. Regarding problems concerning religious and ethical education, the courts' interpretations of the establishment clause ultimately conflict with interpretations of the free…

Reports that 72 Nobel prizewinners have filed a legal brief in the United States Supreme Court. The brief supports an effort to overturn Louisiana law that requires "creation science" to be given equal time with evolution in the state's public schools. Argues that "creation science" is religion dressed up as science. (TW)

Reviews the development of faculty collective bargaining in public higher education, as affected by federal and state constitutions and laws. Anticipates future trends. Topics covered include bargaining, organizing, determining the bargaining unit, negotiation agreements and impasses, administering the agreement, and relations between bargaining…

This document provides comprehensive analysis of new key developments in the law regarding the proper relationship between religion and public schools. There are 12 chapters: (1) "The First Amendment and Public Schools: Overview of the Religion Clauses" (John Walsh, Dorine Lawrence-Hughes, and Usi N. Botros); (2) "Prayer on Campus:…

This document is comprised of California state statutes, federal legislation, and court litigation pertaining to hate speech and the First Amendment. The document provides an overview of California education code sections relating to the regulation of speech; basic principles of the First Amendment; government efforts to regulate hate speech,…

Raising tuition is one solution to reduced revenue at public colleges and universities. Nonresidents, aliens, or persons who have only recently established residency in the state bear a larger share of the financial burden. Constitutional pitfalls in this policy are reviewed, and the validity of sex-based tuition rules is examined. (MLW)

Discusses the constitutional protection of individual rights, particularly how they relate to the conduct of law enforcement. Summarizes a number of Supreme Court decisions and the legal precedents they established. Considers the various jurisdictions and duties of federal, state, and local law enforcement agencies. (MJP)

May 17, 2004 marked the fifty years that have passed since the United States Supreme Court handed down one of its most famous, compelling and iconic decisions, "Brown v. Board of Education of Topeka, Kansas." Certainly the decision itself, labeling the practice of "separate but equal" as unconstitutional, deserves the fanfare…

The opportunity for religious freedom brought the Amish from Europe to North America as early as 1737. And for many generations, conflicts between the Amish and the U.S. government were limited to Amish objections to military service. However, as the government's regulatory power grew in the 20th century, clashes between the Amish and the state…

This digest was designed to fill a gap in the legal literature and knowledge of educators; it was not intended to serve as an intensive or interpretive legal analysis. It provides a comprehensive and concise set of individual case summaries of United States Supreme Court cases decided by the Court as of December 1994. The cases were selected on…

This handbook provides an overview of legal issues pertaining to the safety of public schools. Following the introduction, chapter 2 describes the governance model and philosophy on which American education is based. Court decisions and federal and state legislation that mandate the right to a safe school are discussed in chapter 3. The fourth…

These materials include the script for a mock trial in which students are asked to role play the participants in a case based on the facts of New Jersey v. T.L.O., 469 U.S. 325 (1985). The case raised questions involving a students' rights to protection against unreasonable searches and seizures under the Fourth Amendment and schools' needs to…

The 1982 Canadian Charter of Rights and Freedoms guarantees equal protection and equal benefit of the law to all individuals without discrimination "and, in particular, without discrimination based on...mental or physical handicap." This report identifies and clarifies policy-making questions and issues that are arising as educators…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

The effect of Title VII of the Civil Rights Act of 1964 on the numbers and status of women in the academic physical sciences is addressed, and historical trends since the beginning of the century regarding the participation of women in education and science are briefly reviewed. The percentage of women doctoral degree recipients grew steadily from…