The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

The necessity of immunity of parliament and its Members has led to determine and assure particular privilege in the Constitutions or ordinary laws in the great majority of countries. This legal institution is to provide freedom of speech and to maintain the independence of representatives in the exercise of their duties without undue interference…

With the maturation of the internet more and more colleges and universities are offering online courses. As these courses enter the mainstream, public policy issues are beginning to emerge. Many of these involve the tension between the "work for hire" doctrine and academic freedom that occurs when educational institutions offer these…

Public schools, since their founding in America in 1647, have reflected the demographic characteristics of the communities in which they are located. Because the United States has, until recently, been mostly Protestant Christian, many schooling practices have built upon the values of this faith. Pupils have sung Christmas songs at Christmas…

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

A university president urges development of a doctrine of "academic deference" to protect academic freedom and discourages overuse of constitutional litigation in higher education-related disputes. Academic deference is encouraged in censorship of former government employees returning to academe, restrictions on international scholarly…

Suggests that the Supreme Court erred in "Quern" by failing to permit civil rights actions against states under Section 1983. Journal availability: see EA 512 107. (Author/IRT)

Examines five legal questions concerning the Internet: constitutional protection in cyberspace from defamatory speech, evasion of laws, accountability for offensive expression, pornography, and digital theft. A sidebar discusses the employment of user-rated Internet sites and software to scan and filter offensive material. (JMV)

Argues that the Constitution did not originally recognize state immunity from suit in federal courts and that the Eleventh Amendment is narrow in scope and limits judicial power only where the sole basis of jurisdiction is the character of the parties. Available from Indiana University School of Law, Lax Annex II, Bloomington, IN 47405.…

Questions the constitutional validity of employer sanctions used to deter illegal immigration under the Immigration Reform and Control Act. Points out the anomaly of using criminal penalties to deter a civil, administrative violation. (FMW)

Under "Monell," no overzealous employee will cause liability to be assessed against a municipality unless the conduct that causes the constitutional injury is the result of official policy or custom, a result Congress intended. Available from University of Detroit Journal of Urban Law, 651 E. Jefferson Avenue, Detroit, MI 48226; sc…

In 2002 the U.S. Supreme Court ruled that state-supported vouchers, which parents can redeem in private schools, do not offend the Establishment Clause of the First Amendment. Thus, the legality of government vouchers to fund education will be determined primarily on the basis of state law. Specifically, programs are being challenged under state…

This paper discusses the fair use doctrine added to the Copyright Revision Act, Public Law 94-553 (October, 1976). Fair use, an exception to the exclusive rights of copyright, is an assurance to the public of reasonable access to its heritage as guaranteed by the First and Ninth Amendments to the Constitution. Several important cases are described…

First amendment challenges to the use of mandatory student fees for abortion services have not reached federal courts, and the only pertinent state decision upheld the mandatory fee system. However, recent decisions and historical analysis suggest the court must grant relief to students whose right to free worship is violated. (Author/MSE)