Student-on-student violence raises important issues about how students can use the courts to redress the wrongs they suffer. Some victims file a claim in Federal court under Section 1983 of Title 42 of the United States Code. Examines three theories of liability under Section 1983 as they relate to violence among students in public schools. (MLF)

Explores the background of the "Lee" case, in which the Supreme Court, by a 5-4 decision, declared that graduation prayers violated the Establishment Clause of the First Amendment. Cites implications of the Supreme Court for future Establishment Clause cases. (54 footnotes) (MLF)

In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…

An introduction by Hugh D. Jascourt and this article analyze the effects of the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association." Addresses the effect of the decision on fair-share-fee provisions in collective-bargaining agreements and its application to public-sector employees, particularly teachers. (50…

Contends that the United States Supreme Court ruling in "Lehnert v. Ferris Faculty Association" leaves unanswered many questions as to what activities of exclusive collective-bargaining representatives are and are not chargeable to dissenting nonmembers of the organization. Reviews past precedent and forecasts further court litigation.…

Traces legislative history of the Equal Access Act of 1984 and the United States Supreme Court Justices' reasoning in the "Mergens" decision. At least six justices seem to agree that the proper Establishment Clause doctrine is that government can accommodate religion so long as its accommodation is neutral. (MLF)

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

The Fourth Amendment to the U.S. Constitution guarantees "the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures" by governmental officials. In a 1985 Supreme Court decision, "New Jersey v. TLO," students' privacy rights in public schools are afforded a lower…

Three major Supreme Court cases concerning Bible reading and prayer in the public schools are discussed. The constitutional bases for the court cases are the First and Fourteenth Amendments. The former expresses that Congress may make no laws to establish or to prohibit the free exercise of religion and the latter provides that no state shall…

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

U.S. Supreme Court decisions handed down in June and July 1985 rejected the use of silent periods for religious purposes in the public schools, and restricted the use of public funds to support supplemental educational programs in parochial school settings. (PGD)

The purpose of this article is to 1) examine the interpretive method applied to the United States Constitution referred of as"Original Intent" and the degree, if any, to which it is superior in objectivity than other methods, 2) discuss whether the application of the interpretive method would have an effect preferred by conservative or…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)