Descriptor
Source
Author
Sendor, Benjamin | 5 |
McCarthy, Martha M. | 2 |
Webb, L. Dean | 2 |
Allred, Stephen | 1 |
Atwater, Tony | 1 |
Avery, Charles W. | 1 |
Brooks, James H. | 1 |
Chestnutt, Mark D. | 1 |
Daly, Joseph L. | 1 |
Daniel, Philip T. K. | 1 |
Deivert, Richard G. | 1 |
More ▼ |
Publication Type
Education Level
Location
Laws, Policies, & Programs
Fourth Amendment | 10 |
United States Constitution | 3 |
New Jersey v TLO | 2 |
First Amendment | 1 |
Assessments and Surveys
National Assessment of… | 1 |
What Works Clearinghouse Rating

Atwater, Tony – Journalism Quarterly, 1983
Argues that while the Privacy Protection Act of 1980 appears to reverse the "Zurcher v. Stanford Daily" decision, loopholes may permit some newsroom searches. (FL)
Descriptors: Court Litigation, Due Process, Freedom of Speech, Journalism

Allred, Stephen – School Law Bulletin, 1987
Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…
Descriptors: Court Litigation, Drug Use, Due Process, Government Employees

Daly, Joseph L.; Walz, Monte R. – Update on Law-Related Education, 1983
Recent Supreme Court decisions are discussed. Included are cases dealing with the powers of police to make arrests and conduct searches without first obtaining warrants, criminal law and procedure, equal rights for women, prison conditions, nuclear power plans, and the tax-exempt status of private schools. (RM)
Descriptors: Court Litigation, Criminal Law, Due Process, Feminism
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools

Zirkel, Perry A.; Reichner, Henry F. – Journal of Law and Education, 1986
Reviews history of the doctrine of "in loco parentis." Examines court opinions in which the doctrine has surfaced as an issue in the following areas of litigation: corporal punishment, student searches, school rules, correlative duties, and teacher-student relationship at the college level. Finds that the status and scope of the doctrine…
Descriptors: Corporal Punishment, Court Litigation, Due Process, Educational History

Glickman, Suzin – Update on Law-Related Education, 1992
Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Due Process
Gim, Benjamin – Bridge, An Asian American Perspective, 1978
United States immigration statutes and administration policy are not in line with the standards of due process as guaranteed by the Constitution. In addition, reform of these statutes has lagged far behind advances made in other areas of civil rights. (Author/EB)
Descriptors: Administrative Policy, Administrative Problems, Constitutional Law, Court Litigation

Avery, Charles W.; Simpson, Robert J. – Journal of Law and Education, 1987
Provides a model of search and seizure procedures available to public school officials and a discussion of the legal liability and risks involved in the use of the different procedures. Discusses probable cause, warrant requirements, and reasonable suspicion. Includes an appendix with a sample search and seizure policy. (MD)
Descriptors: Civil Rights, Court Litigation, Crime, Due Process
Sendor, Benjamin – American School Board Journal, 1986
Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Illegal Drug Use
Sendor, Benjamin – American School Board Journal, 1986
In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Crime

Trosch, Louis A.; And Others – Journal of Law and Education, 1982
Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…
Descriptors: Compliance (Legal), Court Litigation, Discipline Policy, Due Process
Hickok, Angelia B. – Tennessee Education, 1980
Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)
Descriptors: Civil Liberties, Discipline Policy, Due Process, School Law
Sendor, Benjamin – American School Board Journal, 1983
Discusses the Fifth U.S. Circuit Court of Appeals' rewriting of its earlier decision in "Horton v. Goose Creek Independent School District" of Baytown (Texas), involving the use of dogs in school drug and liquor searches. Compares the decision with other circuits' conflicting rulings and suggests guidelines for using dogs. (RW)
Descriptors: Alcoholic Beverages, Civil Rights, Court Litigation, Due Process
Smith, Joseph M.; Strope, John L., Jr. – West's Education Law Quarterly, 1995
Examines 15 cases dealing with dormitory searches covering a 31-year period to determine how the Fourth Amendment applies to dormitory searches. The prevailing consensus is that if a university says and thinks it has the right to conduct a search of a room for health, safety, and maintenance reasons, then, in most circumstances, it has this right.…
Descriptors: College Housing, Constitutional Law, Court Litigation, Dormitories

Sultanik, Jeffrey T. – Journal of Law and Education, 1990
In response to an earlier article by Eugene Lincoln, presents two hypothetical cases that respectively deal with the possible effects of drug use on school premises and with a policy governing mandatory urine testing for student athletes. Cites factors that should be incorporated in any mandatory drug testing policy. (MLF)
Descriptors: Administrator Role, Athletics, Court Litigation, Drug Use Testing