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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
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Morrison, David E. – Duke Law Journal, 1976
The issue examined is whether those unique characteristics of the university environment that have led to the development of a judicially-sanctioned general regulatory power will automatically render a warrantless disciplinary search "reasonable" within the terms of the fourth amendment. (LBH)
Descriptors: Civil Liberties, Constitutional Law, Discipline, Dormitories
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
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
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Evans, John M. – Journal of Law and Education, 1990
The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…
Descriptors: College Athletics, Constitutional Law, Court Litigation, Drug Use Testing
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Teagarden, C. Claude – West's Education Law Reporter, 1991
Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)
Descriptors: Athletes, College Athletics, Constitutional Law, Court Litigation
Michaelis, Karen L. – 1997
Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at "others,"--those who are known or assumed to be guilty of school rule violations or criminal…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Due Process
Shekleton, James F. – 1996
This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…
Descriptors: Civil Liberties, Colleges, Constitutional Law, Court Litigation
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Hess, Diana – Update on Law-Related Education, 1989
Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)
Descriptors: Civil Liberties, Civil Rights, Class Activities, Constitutional Law
Bailey, Kirk A.; Ross, Catherine J. – 2001
This legal primer on violence in schools addresses the responsibility of school officials to respond to undisciplined youths whose behavior threatens the welfare and safety of other children in attendance. It is broken down into sections that provide a brief overview of the key rules and guidelines for school officials and teachers in each topic…
Descriptors: Constitutional Law, Due Process, Elementary Secondary Education, Expulsion
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Etzioni, Amitai – Community College Journal, 2002
Suggests that it is necessary to protect the privacy of government procedures that could compromise security, yet there is also a need to revise and fine-tune legislation that expands government authority. Asserts that all major corrections in the delicate balance between public safety and civil rights typically require corrections themselves. (NB)
Descriptors: Civil Liberties, Civil Rights, Community Colleges, Constitutional Law
Lincoln, Eugene A. – 1995
In "New Jersey v. T.L.O." the U.S. Supreme Court held that the prohibitions of the Fourth Amendment regarding unreasonable searches and seizures apply to student searches and seizures conducted by public school officials. However, the Court said the legality of a search should depend upon "reasonableness, under the…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Due Process
[Buss, William; Goldstein, Stephen] – 1977
The standards and commentary in this volume are part of a series designed to cover the juvenile justice system and its relationship to the rights and responsibilities of juveniles. This volume on public education is addressed to legislators, courts, lawyers, educators, parents, students, and the general public. The volume proposes standards…
Descriptors: Administrators, Civil Liberties, Constitutional Law, Court Litigation
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Daniel, Philip T. K. – Journal of Law and Education, 1998
Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Dress Codes
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