This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals…

Case citations from five legal areas--college students, liability on campus, sport law, employment, and employment discrimination--are presented in this document. Each section offers brief summaries of cases and concludes with a table of cases. The first section on college students examines litigation involving student finances, disciplinary…

This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…

This paper discusses the legal precedents that have supported the official recognition of homosexual organizations by universities and colleges. Among the court cases that are reviewed are the following: (1) Brandenburg v. Ohio (1969), which ruled that expressions not inciting unlawful behavior may not be subject to government restraint; (2) Healy…

Court decisions show that school officials must protect the freedoms guaranteed students by the U. S. Constitution, including the right to distribute unpopular literature excluding material that is obscene or libelous, or that contains fighting words or promotes lawless action. (Available from the Institute of Government, University of North…

College union administrators should be careful about the use of facilities, particularly in public schools, because of the potential for legal liability. Institutions of higher education today are vulnerable to being sued in regard to issues of free speech, trespass, and religion. Areas of potential liability include (1) serving alcoholic…

This report focuses on controversial articles written by the high school press, decisions made by the courts regarding students' press freedoms, and reactions to the articles and rulings. Particular attention is given to two rulings concerning censorship of articles about students' sexual atttiudes and activities, the issue of prior restraint of…

Reproduced here are the text of the 1982 Supreme Court decision "Plyler v. Doe" and its companion cases, "In Re Alien Children Litigation." An introductory statement explains that in this opinion the Court struck down a Texas law prohibiting tuition-free education for children of illegal aliens, on the grounds that education…

The issue of search and seizure in the public schools is clouded by conflicting legal decisions. School policies and rules on the issue should be made only after considerable deliberation and community input. Because of the lack of clarity, this model of search and seizure policy and rules is intended only as a basis for consideration of the…

Litigation is discussed in which courts have established principles of law governing student academic assessments relating to course grades, admission to degree programs, and expulsion from programs for academic deficiencies and whether these academic decisions impair student's constitutional and/or contractual rights. (MSE)

This paper presents court cases for the purpose of updating current knowledge on search and seizure of students in the school setting. These cases focus on the balance and interplay between students' Fourth Amendment rights and school administrators' obligations to maintain order and discipline in the schools. Part of this obligation implies…

Discusses a brief historical overview of constitutional law as it applies to children, delineated in the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Emphasizes the need for school psychologists and educators to have an understanding of children's developing legal rights. Specific court cases are cited. (Author/JAC)

The Horowitz case is consistent with the general reluctance of courts to sustain constitutional challenges to decisions by educators in academic matters. Precedent is heavily weighted in favor of the academic community and should be overcome in future challenges. (Journal availability: Willamette University College of Law, Salem, OR 97301, $5.00…

Unreasonable disciplinary and administrative practices by school personnel make it imperative that the courts interfere in the operation of public schools. (LH)