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)

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Section 1983 of the U.S. Constitution provides individuals (including students) with the right to sue persons (including principals) acting "under color of law" for damages incurred in violation of their federal rights. This article examines two corporal punishment cases involving elementary school students involving possible due process…

In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)

Discusses the procedural requirements governing the academic dismissal of students from public educational institutions, briefly comparing them to the requirements governing disciplinary suspensions and expulsions, and reviews relevant state and federal court decisions. (JG)

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

Reviews and discusses the implications of the Supreme Court's decision in Ingraham v. Wright, in which the Court ruled that paddling students is not "cruel and unusual" punishment, and that prior due process is not required when school officials paddle students. (JG)

The likely consequences of applying traditional due process standards, expecially formal adversary hearings, to the public school are examined. The ruling in Goss v. Lopez suggests that fair treatment can still be expected if the hearings are treated as opportunities for candid and informal exchange rather than prepunishment ceremonies. (LBH)

This publication presents the full text of the U.S. Supreme Court's decision in Hortonville Joint School District No. 1 et al. v. Hortonville Education Association et al., as written by Chief Justice Burger. Also included is the text of the dissenting opinion written by Justice Stewart, as well as a brief syllabus that summarizes the major issues…

Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…

This publication is the complete transcript of a weekly radio program devoted to contemporary issues in American Education. This particular program focuses on the topic of the courts and their relationship to the public schools. Separate segments of the program discuss 1) a recent suit by a high school graduate who can't read and cases involving…

Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at "others,"--those who are known or assumed to be guilty of school rule violations or criminal…

Discussions of procedural due process, first amendment rights, sex discrimination, tort law, discrimination on the basis of handicap, and legal principles regarding athletic associations and conferences indicate the wide range of legal principles to which postsecondary athletic programs are subject. Sex discrimination is noted as a major issue in…

In "New Jersey v. T.L.O." the U.S. Supreme Court held that the prohibitions of the Fourth Amendment regarding unreasonable searches and seizures apply to student searches and seizures conducted by public school officials. However, the Court said the legality of a search should depend upon "reasonableness, under the…