Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)

Examines the general concept of judicial activism, then looks at three specific areas where charges of usurpation of policy-making power have been leveled at the courts: (1) racial desegregation; (2) due process for students; and (3) religion in public education. Concludes that judicial involvement in school policy occurs when explicit…

A Supreme Court decision supporting disclosure of university faculty peer review files is discussed by faculty in law and other disciplines and by a college president. Arguments address the principles of academic privilege, institutional mission, and the soundness of academic decision making. (MSE)

Effects of Brown vs. Board of Education, the 1954 case in which the Supreme Court outlawed "separate but equal" education, are examined. Selected events in the history since the decision are chronicled, and trends in high school and college graduation rates for black students are charted. Educators discuss their own experiences of…

This legal analysis examines a federal appeals court decision which found three student theses written as graduation requirements and filed in a library did not constitute printed publications and thus bar the patent application of the college professor involved. Institutions are urged to develop comprehensive patent policies for student and…

Outlines class activities to help students understand how the U.S. Supreme Court reaches its decisions and how the decisions change over time. Includes objectives, resources, issues and questions, procedures, and evaluations. Suggests that students will learn the facts and issues of important civil rights cases and form opinions on the decisions.…

In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student athletes. The Supreme Court reasoned that student athletes have a low expectation of privacy; the scope of the search was relatively unobtrusive; and the program served an important government…

Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…

The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…

Judicial decisions affecting educational policy and management that were handed down in 1997 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in educational law, are divided into nine topical chapters: (1) employees; (2) school governance at the state and local…

Declaring that the relationship between states and church-related schools has become increasingly confrontational, the author proposes that judicial solutions should be more flexible. Courts called upon to balance the interest of a state and a church-related school have generally ruled either for the state or the school. Two cases are analyzed…

This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…

The author notes that two trends appear to be developing in litigation over the governance of the public schools. One trend is increasing participation of organized groups in suits against the schools. The other is a greater volume of litigation dealing with open meeting laws and freedom of information acts. Reflecting the second trend, the…