Courts in the Ninth Circuit are required to apply a four-factor balancing test when reviewing school districts' least restrictive environment (LRE) placement decisions for children with a disability. Discusses the Ninth Circuit's new LRE test, LRE tests previously announced in other circuits, and the fact that the Supreme Court has not addressed…

Reviews the Supreme Court decisions on issues of interest to school districts. Also analyzes cases relevant to public schools that the Court declined to review. Summarizes a number of cases that the Court will hear in its term beginning October 1993 and that may have a major impact on school districts. An appendix lists the cases cited. (MLF)

Provides a brief background on the development of the concept of right-to-work statutes in the private sector under the National Labor Relations Act; reviews right-to-work statutes in public education and examines the status of fair-share agreements. (Contains 23 references.) (Author/PKP)

Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…

Discusses recent Third Circuit Court of Appeals decision in Pennsylvania case supporting claim that State College Area School District's anti-harassment policy violated two students' First Amendment right of free expression because it was overbroad. Draws lessons for public school officials. (PKP)

In 2001, a federal appeals court upheld the job termination of a counselor who requested being excused from counseling a lesbian client on relationship issues because homosexuality conflicted with the counselor's religious beliefs ("Bruff v. North Mississippi Health Services, Inc.," 2001). This article provides the facts of the case and the legal…

The present article, a cross-case analysis, analyzes one aspect of the implementation of the No Child Left Behind Act (NCLB) that has generated conflict between the U.S. Department of Education and the federal court system. The conflicts arose between the courts' oversight of desegregation and the implementation of the public school choice…

Background: Because of school districts' interest in best serving the health needs of students, many choose to administer surveys addressing controversial topics. Administering such surveys in a voluntary and anonymous manner may help reduce conflict. Methods: This is a review of 2 recent federal court of appeals decisions regarding surveying…

For most people, law and the courts are veiled in mystery. Even though the law is made by legislators elected by the public and interpreted by judges chosen directly or indirectly by the public, and even though great strides have been made in making the law and its special language more understandable to people, the general public is still often…

A study used a communication perspective to examine the extent to which the civilian/military First Amendment dichotomy is warranted and to add to First Amendment theory the subject of the First Amendment rights of servicemembers. The study was limited to the freedoms of speech, press, assembly, petition, and association. It did not include…

Article is a transcript of a press conference held March 19, 1969 by Dr. Kenneth B. Clark and Mr. Aryeh Neier.

This report discusses recent cases involving freedom of the press that have been heard before the Burger court of the United States Supreme Court. The report discerns a trend toward treating the press like an ordinary citizen; this is a reversal of the view of the Warren court that the First Amendment creates special rights for the press so that…

In a two year period the Congress enacted a series of laws which had a profound effect on the Negro revolution. Discussed in this document are the cases which were brought to the Supreme Court to either challenge the constitutionality of these laws or to appeal for reversal of lower court decisions on the basis of the laws. Cited are cases based…

The discussion of copyright law presented here begins with a summary of a few basic aspects of American copyright law. It then goes on to discuss the particular application of this law to educational broadcasting by explaining first copyright law itself and then the historical doctrine of "fair use". "Fair use" is not mentioned in the copyright…

Reviews the 1977 Supreme Court decision in "Ingraham vs. Wright." The court held that the cruel and unusual punishment clause of the Eighth Amendment and the procedural due process clause of the Fourteenth Amendment did not apply to corporal punishment in the public schools. (MD)