Delineates recent legal developments in school district liability under Section 1983 of the U.S. Code (Civil Rights Act of 1871). Discusses municipal and school district immunity and concludes that districts are immune from punitive damages but not from monetary and injunctive relief when official actions violate individuals' federal rights.…

The author describes the special-admissions program challenged in the Bakke litigation and the Supreme Court's reaction to it. He examines the desirability of an affirmative-action component in an enlightened admissions program; and offers two models of special-admissions programs that would meet the requirements of the Bakke decision. (CT)

Considers the implications for school boards and school officials of recent litigation under Section 1983 of the Federal Civil Rights Act of 1871. Reviews the issues of official status under the law, immunity to suits, good faith defences, and liability for damages. (RW)

It is demonstrated that the Model Rule's policy of granting the courts final control over clinical cases and clinical legal education is simply a manifestation of their traditional authority over case conduct and the lawyers appearing before them. (Journal availability: Washington & Lee University School of Law, Lexington, VA 24450, $4.00.)…

From an analysis of these recent decisions it seems clear that the Court is seeking to reduce the role of the federal judiciary in reviewing decisions made within schools. (Author)

Implications of the Occupational Safety and Health Act of 1970 are described in two cases: Brennan v. Occupational Safety and Health Review Commission (Underhill Construction Corp.), and Anning-Johnson Co. v. United States Occupational Safety and Health Review Commission. (LBH)

In this study of San Francisco's experience with desegregation, the author examines the political background that led to recourse to the federal district court, the constitutional context within which the case was decided, and the implementation of the decision. (Editor/RK)

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

Discusses situations that recently received judicial scrutiny regarding clashes between the freedom of the teacher and the freedom of the learner. Each of the following began with a student's objection to an instructional act: (1) freedom to research a religious topic; (2) freedom from racial discomfort; (3) freedom from sexual discomfort; and (4)…

In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…

The Supreme Court, in "Vernonia School District 47J versus Acton," ruled that a school district's policy authorizing random urinalysis drug testing of student-athletes did not violate the Fourth Amendment. Discusses the decision and why such a policy is permissible under the Fourth Amendment's prohibition against unreasonable searches…

Describes Wisconsin case involving the suicide of seventh-grade girl after principal suspended her for having a cigarette in her locker--disciplinary action required by school board policy. Parents sued claiming violation of their daughter's 14th Amendment rights and state negligence laws. Federal appellate court dismissed all claims; parents…

The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

The Education for All Handicapped Children Act requires school districts to provide handicapped children with an appropriate education in the least restrictive environment. Analyzes several circuit court decisions that provide a reasonable framework for courts to use in deciding least restrictive environment controversies. (MLF)