In "Dobbs v. Jackson Women's Health Organization" (2022), the U.S. Supreme Court overturned decades of precedent regarding the federal right to an abortion for people who can carry pregnancies. This case has substantial significance for the education field, directly affecting school- and college-age marginalized students who can carry…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress…

A study of federal court decisions issued between February 1969 and the end of 1982 revealed that while students do have clearly defined constitutional rights, they also have many legal responsibilities. Forty-two areas of student responsibility are discussed, and 135 relevant court cases are cited. (PGD)

The late 1960's have seen teachers and students gain rights in school that they had not had before. No longer can the administrator and the school board act as their own lawyer. (Author/WM)

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…

Describes Illinois case involving the expulsion of five students for a gang-related brawl at a high school football game in Decatur. Students brought suit against the school district claiming violation of their 14th Amendment right to procedural due process. Both the federal district court and court of appeals rejected the students' claim.…

Discusses the federal court cases of "Bethel School District v. Fraser" and "Kuhlmeier v. Hazelwood School District," which resulted in one win and one loss for freedom of student expression. (SRT)

The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal…

This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the…

Discusses the Fifth U.S. Circuit Court of Appeals' rewriting of its earlier decision in "Horton v. Goose Creek Independent School District" of Baytown (Texas), involving the use of dogs in school drug and liquor searches. Compares the decision with other circuits' conflicting rulings and suggests guidelines for using dogs. (RW)

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

Examines the distinctions between protected free speech and discriminatory verbal harassment on college campuses. Cites numerous campus policies and recent Supreme Court decisions. Discusses a proposed guideline based on the direct use of "fighting words" to insult or stigmatize an individual. (FMW)

The extent to which there is a favorable view of a child's right to education in United States courts is examined. Important United States Supreme Court cases regarding segregated school systems, unequal allocation of state financial resources for education, and civil rights of students are reviewed to reveal the extent to which a legal…