The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

Discusses two cases that illustrate the reasoning used by courts to uphold attorneys' fees to parents who prevail in Education of the Handicapped Act (EHA) administrative proceedings. (MLF)

The Handicapped Children's Protection Act of 1986 authorizes courts to award attorneys' fees to handicapped children. Examines Supreme Court's decisions and the history of the act, then analyzes the innovative features of its attorneys' fees provisions. (MLF)

Both sides claimed victory when a deeply divided Supreme Court ruled in a case that had been expected to determine how college faculty's union fees should be allocated among national unions and local affiliates for activities related to or not related to collective bargaining. (MSE)

A U.S. Court of Appeals has upheld significant portions of an arrangement allowing Rutgers University faculty to pay agency fees in lieu of union dues and still be covered by a collective bargaining contract, despite contention that aspects of the agreement violated their constitutional rights to free speech. (MSE)

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

This paper analyzes "Equal Employment Opportunities Commission (EEOC) vs. University of Detroit," the first federal circuit court case concerning a college faculty member refusing to pay union dues because of religious beliefs conflicting with purposes for which dues are used. Suggestions for union and institutional response in such…

Although religious beliefs of college students opposing abortion may be sincere, they must yield to the institution's need to decide what programs will serve the entire student body's needs. When the Supreme Court rules on a challenge to allocation of mandatory student fees, it will apply principles of religious freedom. (MSE)

The merits of student arguments challenging the constitutionality of mandatory student fees to finance certain activities or services are examined and balanced against the public university's interest in providing a forum for the expression of diverse and controversial ideas. (MSE)

"Rosenberger" prohibits public colleges and universities from discriminating against religious viewpoints in their allocation of student activities funds that are equally available to other groups. The Supreme Court decision also extends the range of facilities equally available to student religious organizations for free-speech…

The Supreme Court, in "Rosenberger," ruled against the University of Virginia when it denied student newspapers with religious perspectives equal access to student activities funds. Discusses decisions by all the courts and implications for future changes in the legal standard by which cases involving public assistance for religious…

"Rosenberger" revises Establishment Clause jurisprudence in several aspects: (1) ends "Lemon versus Kurtzman" as a main precedent; (2) alters First Amendment law by holding that government efforts to treat religious speech differently amounts to discrimination against people based on their "viewpoint"; and (3)…

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…

A review of 1977 cases that involved students and institutions of higher education indicates that students seem to be more concerned with their rights as educational consumers. The majority of cases concern controversies focusing on classroom and academic evaluation and treatment of students; receipt of various forms of financial aid; use of…