In "Badges and Incidents," Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American…

Surveys the most significant court cases in 2000 involving First Amendment rights in higher education, especially those that may have received scant attention when decided but which promise to affect campus life for years to come. Provides insight into legal trends and shifting thinking as it applies to the First Amendment in the college and…

Introduces the following Counterpoint article on "Ex Corde Ecclesiae" ("From the Heart of the Church"), a document issued by Pope Paul VI in 1990 that provided guidelines for the operation of Roman Catholic colleges and universities. (PKP)

In 1996 and 1997, the Supreme Court declared five acts of Congress to be unconstitutional. An overview of these decisions is offered in this article. It opens with a discussion of those acts that violated the First Amendment. These decisions dealt with the constitutionality of Arizona's "official English" statute; the Communications…

Challenges assertion in article by the Alexanders that "Ex Corde Ecclesiae" will increase risk that Catholic institutions of higher education will violate the Establishment Clause. Authors argue that recent Establishment Clause decisions by the U.S. Supreme Court have effectively eliminated the wall of separation between church and…

By considering the historical background, relevant court decisions, constitutional alternatives, and practical and political implications, this paper examines the legal issues surrounding proposals calling for prayer, Bible reading, or posting of the Ten Commandments in public schools. Historically, the secularization of public schools occurred…

Challenges to the admissions processes of colleges and universities have been successfully lodged on both contract and due process (14th Amendment) grounds. Reviews and categorizes these cases and suggests steps institutions can take to avoid litigation. (MLF)

Reviews court decisions involving tenure rights in higher education, focusing mainly on the contractual aspects of tenure, and examines the relationship of tenure to consitutional issues in an effort to completely define the legal status of tenure in higher education. (Author/JG)

Current legal ramifications of the right of privacy in students' school records are examined. It is suggested that resolution of the school record problem must be made with the realization that whatever is imprinted on a youth will affect his future and that of society. (LBH)

Throughout this bibliography, an asterisk identifies citations especially useful for school law classes. The library identification code and a brief annotation accompany the citations that are organized in the following sections: (1) guides to legal research; (2) indexes; (3) dictionaries, encyclopedias, directories, and handbooks; (4) American…

Discusses the issue of whether a state may sponsor single-gender education without violating the Equal Protection Clause of the 14th Amendment. Traces the history of "United States versus Virginia," discussing the arguments of both sides; and briefly explores the likely ramifications of the holding as the Supreme Court prepares to review…

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

The scope of this book is limited to a study of case law encompassing the major decisions of the United States Supreme Court involving religion and education. It is intended to aid readers in predicting the legal ramifications of various legislative enactments and administrative policies affecting the schools and in understanding the reasoning and…

There is widespread concern that higher education is being compromised by being turned into a "commodity" to be "consumed". This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be…