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Essex, N. L. – Clearing House, 1988
Discusses how to determine whether a school-related search is reasonable. Suggests 10 guidelines to avoid suits over illegal searches. Recommends that school authorities exercise extreme care to protect themselves against suits alleging Constitutional violations. (MS)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, School Law
Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights

Bennett, Roy M. – Lutheran Education, 1975
This article discusses legal concepts and court decisions as they apply to teachers and schools. (RC)
Descriptors: Constitutional Law, Corporal Punishment, Due Process, Equal Protection

Mahon, J. Patrick – NASSP Bulletin, 1979
Although the United States Supreme Court has extended certain constitutional rights to students, the Court has nevertheless held that school administrators may adopt and enforce reasonable rules and regulations to ensure the maintenance of a disruptive-free learning environment. (PKP)
Descriptors: Administrator Responsibility, Constitutional Law, Corporal Punishment, Court Litigation

Bright, Myron H. – NASSP Bulletin, 1979
Reviews United States Supreme Court and Federal Appellate Court decisions on student and teacher rights, particularly due process (procedural and substantive) rights. (PKP)
Descriptors: Administrators, Constitutional Law, Court Litigation, Desegregation Litigation

Roberts, Robert N. – Journal of Law and Education, 1986
Reviews court decisions in cases involving suspension or dismissal of public university students for academic dishonesty. The courts have required universities defending such suits to meet the procedural and due process standards for nonacademic disciplinary proceedings. Discusses the constitutional due process problems raised by the suspension or…
Descriptors: Cheating, Codes of Ethics, Constitutional Law, Court Litigation

Gluckman, Ivan B. – NASSP Bulletin, 1985
An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…
Descriptors: Constitutional Law, Court Litigation, Discipline, Discipline Policy
Bertrand, Joseph; Musemeche, Richard A. – School Administrator, 1984
The author reviews court decisions in relation to public school teachers' and administrators' roles in searching and seizing goods belonging to students. The article outlines ways to protect Fourth Amendment guarantees against unreasonable searches. (MD)
Descriptors: Administrator Responsibility, Constitutional Law, Court Litigation, Elementary Secondary Education
Murray, Kenneth T. – 2002
This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts

Landy, Alex P. – New England Law Review, 1978
"Chelsea" reinforces and expands the students' right to receive information in those cases in which the material sought does not substantially harm or interfere with the educational process. Available from New England Law Review, 126 Newbury Street, Boston, Massachusetts 02116; $4.00/issue. (Author/IRT)
Descriptors: Board of Education Role, Boards of Education, Censorship, Civil Liberties

Magsino, Romulo F. – Educational Theory, 1979
Philosophical considerations in the Tinker v Des Moines declaration of the constitutional personhood of minors are presented. The questions are raised: To what degree should minors be afforded personal freedom under the law? and How does this freedom affect schools? Suggestions for clarification of the decision are given. (MJB)
Descriptors: Child Advocacy, Children, Civil Liberties, Civil Rights

Ruhl, Mary B. – Wisconsin Law Review, 1976
Examination of U.S. v. Reiser suggests that sex-based classifications should be subjected to close scrutiny regardless of whether men or women are harmed by the classification. The Reiser decision showed that discrimination in the Selective Service system is not necessary and that women are excluded merely for administrative convenience. (LBH)
Descriptors: Constitutional Law, Court Litigation, Employment Opportunities, Equal Protection

Morrison, David E. – Duke Law Journal, 1976
The issue examined is whether those unique characteristics of the university environment that have led to the development of a judicially-sanctioned general regulatory power will automatically render a warrantless disciplinary search "reasonable" within the terms of the fourth amendment. (LBH)
Descriptors: Civil Liberties, Constitutional Law, Discipline, Dormitories

Medlin, Kay Cowden – Louisiana Law Review, 1976
The protection afforded a minor student by the fourth amendment is perhaps open to some speculation due to his age and the unique situation presented by the school environment. The search and seizure issue is discussed in terms of the findings in several court cases. For journal availability see HE 508 741. (LBH)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Drug Abuse

Manley-Casimir, Michael E. – Administrator's Notebook, 1976
Documents the radical shift in the constitutional status of the student and sketches some of the barriers to administrative responsiveness inherent in recognizing students' rights in public schools. (Author)
Descriptors: Administrator Attitudes, Constitutional Law, Elementary Secondary Education, Organization