Discusses interpretations of the establishment clause of the First Amendment. Outlines how Supreme Court decisions involving separation of church and state have been based on misinterpretations both of the First Amendment and of the intentions of its framers. (MD)

This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will…

Argues that a carefully drafted amendment to the National Labor Relations Act can withstand constitutional challenge and that the standards set forth in "League of Cities" can be met. (Author/IRT)

Examines the growth of equitable relief in school desegregation cases and the impact of the Supreme Court's doctrine delimiting the role of lower federal courts when they exercise equity jurisdiction in civil rights cases. Available from Business Manager, University of Dayton Law Review, 300 College Park, Dayton, OH 45469. (Author/IRT)

Reviews the Bills of Rights' creation and rationale. Discusses the Fourth and Fourteenth amendments and analyzes their current status. Emphasizes the Supreme Court's interpretive role. Argues that reliance on the courts will eventually result in legal interpretations that reflect dominant national opinion. Urges greater citizen responsibility for…

This guide provides an introduction to state government in North Carolina. It has three aims: to provide information about the organization and function of state departments and agencies; to provide content on ideas and issues relevant to democratic government; and to provide information that establishes a foundation for participatory citizenship.…

Drawing from a review of the literature, this paper addresses a series of questions related to the issue of whether state agencies, such as state boards of regents, commissions of higher education, or boards of education, should have the sole legal and official power to determine which postsecondary educational institutions can operate legally…

The spending clause of the Fourteenth Amendment would be the preferred basis for passage of a federal statute granting collective bargaining rights to state and municipal employees. It is the only constitutional provision under which the federal government would not be forcing a regulation on the state. (Author/IRT)

Suggested methods for principals to enhance the constitutional literacy of their students preface a speech by the Chief Justice that analyzes the historical context of the Constitutional Convention with particular reference to the problematical fear of central power. (MJL)

The Supreme Court will not hear an appeal by a software publisher suing the University of California at Los Angeles for copying its computer programs, upholding state rights in copyright law. However, federal legislation paving the way for such suits in the future is being drafted. (MSE)

Although state takeover of low-performing schools is not a new phenomenon in American education, it has seldom been exercised. Takeover actions exist in 11 states--Arkansas, Georgia, Illinois, Kentucky, New Jersey, New Mexico, New York, Ohio, South Carolina, Texas, and West Virginia--but only New Jersey and Kentucky have exercised steps leading to…

The focus of this presentation is on instances wherein parents have asserted legal rights independently of their minor children. Such rights are primarily a function of legislative and administrative prescriptions and constitutional construction and balancing. The parameters of a state's control of public education have been partially defined by…

A SURVEY OF CURRICULAR REQUIREMENTS OF ALL 50 STATES REVEALED A HIGH DEGREE OF VARIABILITY FROM STATE TO STATE IN BOTH NUMBER AND TYPE OF COURSES MANDATED BY LEGISLATURES. CURRICULA IN ALL STATES ARE ALMOST ENTIRELY THE CREATIONS OF STATE AND LOCAL BOARDS AND CERTAIN INFLUENTIAL PERSONS. OF 99 REQUIRED SUBJECTS SURVEYED, THOSE REQUIRED MOST…

State responsibility for chartering, incorporating, and authorizing postsecondary institutions to operate has become crucial in recent years. It is acknowledged that states have made major progress in strengthening their authorizing and regulatory functions but continued progress is needed. (Author/LBH)

A survey indicates that the state government has more influence on higher education than federal and local authorities together, but a growth of federal influence is foreseen. (Editor/LBH)